Uscis Interfile GuidanceThe interfile must be done only when there is a visa number “immediately available” which means that the priority date must be current under Final Action. To be eligible for an interfiling or transfer of underlying basis, an individual must: Continue eligibility to adjust status; 2) Possess a pending I-485; 3) be eligible for the substituted category; and 4) the final action for the substituted category is current. Citizenship and Immigration Services (USCIS) has posted guidance for transferring the underlying basis of a pending adjustment of status (AOS) application (form I-485). The USCIS guidance further states that “if a request to transfer the underlying basis has previously been submitted to a USCIS office prior to the issuance of this new guidance, USCIS indicates on its website that a new request should not be submitted again to the above address”. Prepare a medical interfile cover page to the USCIS Service Center address stated on your I-485 application receipt notice. The USCIS guidance further states that “if a request to transfer the underlying basis has previously been submitted to a USCIS office prior to the issuance of this new guidance, USCIS indicates on its website that a new request should not be submitted again to the above address”. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for "National Interest Waivers" regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. If you are filing certain employment-based Forms I-360, I-485, I-765, or I-131 and you live in: Mail your form to: Arizona. Citizenship and Immigration Services (USCIS) is removing the requirement that civil surgeons must sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit (including Form I-485, Application to Register Permanent Residence …. Recent visa bulletins have indicated that the green card. Citizenship and Immigration Services (USCIS) has posted guidance for. USCIS @USCIS · May 8 As we celebrate #PublicServiceRecognitionWeek, we honor the men & women who support the USCIS mission of upholding America’s promise as a nation of welcome & possibility with fairness, integrity, & respect for all we serve. Place the medicals behind each corresponding RFE (i. Online Use this tool to track the status of an immigration application, petition, or request. USCIS is literally telling you to interfile now with this notice. To qualify to interfile, the USCIS requires that ALL the following conditions are satisfied: The applicant must have continuously maintained eligibility to adjust status. The USCIS guidance states that transferring the eligibility basis of the I-485 application re-starts the 180-day clock for purposes of job portability under AC21,. Specifically, USCIS is now encouraging anyone who would benefit from the process of interfiling to consider doing so. We generally recommend interfiling if you have an employment-based interview scheduled with USCIS based on your pending EB-3 application and your dates have retrogressed, then interfiling with the officer at the interview will give you a concrete way to ensure USCIS will review your requests. Filing Guidance This page contains filing locations, checklists and other resources to help you understand our forms and filing requirements. USCIS has a process that allows individuals to interfile in a pending I-485 case. This page provides specific information for aliens in the United States who want to apply for lawful permanent resident status in the EB-1, EB-2, and EB-3 categories while in the United States. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status. Applications and petitions that are not mailed to the appropriate filing location may experience processing delays. To determine the cutoff date you should look at the Visa Bulletin for the month during which the interfiling request is filed. It has two benefits: USCIS issues a valid receipt number for the i485J form. They will also be considered concurrently filed if the adjustment of status application. On Friday January 21, 2022, USCIS issued formal guidance regarding "Transfers of Underlying Basis", more commonly known as Green Card interfilings. I also received the "courtesy notice " dated Sep 17th to the attorney and Sep 24th to me. Interfiling Versus Filing A New I-485 In Order To Switch Employment Categories - Patel Law Group How To Make An Interfile Request To Switch Employment Categories By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3. The 2022 guidance states that USCIS may, in its discretion, grant a transfer request if the following criteria are met: You have continuously maintained eligibility for adjustment of status;. Yes, USCIS Policy permits interfiling for adjustment applicants with a concurrently filed and pending I-140. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. Citizenship and Immigration Services (USCIS) updated its website to indicate that foreign nationals may use the more favorable dates for filing chart (i. The 2022 guidance states that USCIS may, in its discretion, grant a transfer request if the following criteria are met: You have continuously maintained eligibility for. Interfiling is the simple process of asking USCIS to adjudicate the I-485 under a different preference category. USCIS Provides Guidance on Submitting Interfiling Requests 02 Feb 2022 The U. Citizenship and Immigration Services (USCIS) is removing the requirement that civil surgeons must sign Form I-693, Report of Immigration Medical. Send with a courier service that provides a tracking number so you can confirm delivery. Citizenship and Immigration Service (USCIS) emphasized the benefits of interfiling or transferring existing pending Adjustment of Status (AOS) applications to take advantage of available visas in the Second Preference Category. If you send the interfile. It may take up to 90 days from the date you made your payment to receive your permanent resident card. To qualify to interfile, the USCIS requires that ALL the following conditions are satisfied: The applicant must have continuously maintained eligibility to adjust status. Enter a Receipt Number DHS Privacy Notice Why sign up for an account? Click Here Account Login Sign Up RELATED TOOLS Case Inquiry USCIS Processing Times Information USCIS Office Locations. As such, they recommend interfiling for EB-3 to EB-2. To find a complete list of our forms, visit the All Forms page. This is called "adjustment of status. The guidance states that USCIS may, in its discretion grant a transfer of underlying basis if the following criteria are met:. XXXXXXXs pending I-485 application and process his adjustment application, and the adjustment application of his spouse, according to the availability of immigrant visas in the EB-2 category. To be considered concurrently filed, the immigrant visa petition and the adjustment of status application (Form I-485) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location. The interfile must be done only when there is a visa number "immediately available" which means that the priority date must be current under Final Action. Below is sample text you can use on the cover page to send to USCIS: **INTERFILE** File No: A-Number: Applicant Name: Medical Exam Enclosed PLEASE ADD TO APPLICANT’S FILE. USCIS may use your biometrics to obtain the criminal history records of the Federal Bureau of Investigation (FBI), for identity verification, to determine eligibility, to create immigration documents (for example, Permanent Resident Card, Employment Authorization Document), or any purpose authorized by the Immigration and Nationality Act, as. The applicant must be eligible for the category requested. The USCIS Policy Manual provides that an adjustment of status applicant whose application is based on one immigrant category may have the pending application considered under a different category. Citizenship and Immigration Services (USCIS) has posted guidance for transferring the underlying basis of a pending adjustment of status (AOS) application (form I-485). We generally recommend interfiling if you have an employment-based interview scheduled with USCIS based on your pending EB-3 application and your dates. , Chart B) in April for purposes of applying for adjustment of status (form I-485). On Friday January 21, 2022, USCIS issued formal guidance regarding “Transfers of Underlying Basis”, more commonly known as Green Card interfilings. USCIS receipt data scanned by am22tech app. The guidance from USCIS explains: If you are requesting to transfer the underlying basis to a previously filed and approved Form I-140, you must submit I-485 Supplement J with your transfer request. Include the original RFE letters when you mail the medicals. USCIS may use your biometrics to obtain the criminal history records of the Federal Bureau of Investigation (FBI), for identity verification, to determine eligibility, to create immigration documents (for example, Permanent Resident Card, Employment Authorization Document), or any purpose authorized by the Immigration and Nationality Act, as. USCIS Has Discretion to Grant or Deny an Interfiling/Transfer Request No law exists that governs the decision to grant or deny a request to interfile, convert, or transfer the underlying basis for a pending I-485 application to adjust status. As if that is not problematic enough, the USCIS may demand that the employer demonstrate ability to pay all its workers with approved I-140 petitions for the entire period in question. Policy Manual Policy Manual Print Manual Table of Contents The USCIS Policy Manual is the agency’s centralized online repository for USCIS’ immigration. USCIS usually does not send any receipt or acknowledgment for interfiling letters. your medicals behind your RFE, your wife’s medicals behind her RFE) Send the medicals/RFEs together in one package. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is …. Furthermore, because only one petition can support an adjustment of status application at any time, if you make an interfile request by asking USCIS to adjudicate the case under EB-2 rather than EB-3, if the EB-2 dates suddenly. Below is sample text you can use on the cover page to send to USCIS:. They send receipts when they have requested the documents by way of issuing RFEs. USCIS Provides Guidance on Submitting Interfiling Requests 02 Feb 2022 The U. Now, USCIS clearly declares that an interfile request must be made in writing and must include USCIS Form I-485 Supplement J. USCIS @USCIS · May 8 As we celebrate #PublicServiceRecognitionWeek, we honor the men & women who support the USCIS mission of upholding America’s promise as a nation of welcome & possibility with fairness, integrity, & respect for all we serve. In the recently published April Visa Bulletin, the Department of State advanced the Date for Filing (also known as the application date) applications for an immigrant visa or adjustment of status in the employment-based, second preference (EB-2) category for India from Sept. Now, USCIS clearly declares that an interfile request must be made in writing and must include USCIS Form I-485 Supplement J. gov for the latest immigration and citizenship. Despite serious processing backlogs at USCIS as a result of the pandemic and its inability to approve I-485 applications even when the Final Action Dates (FAD) became current in subsequent visa bulletins, many applicants have now received their EAD/AP cards. If the employer fails to demonstrate its ability to pay, all of the corresponding I-140 petitions could be revoked. The 2022 guidance states that USCIS may, in its discretion, grant a transfer request if the following criteria are met: You have continuously maintained eligibility for adjustment of status;. On January 21, 2022, USCIS released new guidance on requests to transfer the underlying basis of an I-485 to a different employment-based immigrant category based on another Form I-140. Following the release of the April 2022 Visa Bulletin, the U. @USCIS · Apr 20 Though we have lost our checkmark, this is the official USCIS twitter account. Topic Update: USCIS Interfiling Policy Alert Watch on On January 21, 2022, USCIS updated its guidance affecting some employment-based adjustment of status applicants. The interfile must be done only when there is a visa number “immediately available” which means that the priority date must be current under Final Action. Close All Open All Where to File Instructions and Checklists Filing Tips and Requirements Downloading and Printing Immigration Forms. If you want to interfile, we strongly suggest sending your i485-J form. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. USCIS Has Discretion to Grant or Deny an Interfiling/Transfer Request No law exists that governs the decision to grant or deny a request to interfile, convert, or transfer the underlying basis for a pending I-485 application to adjust status. Note that the USCIS guidance was written before USCIS accepted I-485 applications based on the “Dates for Filing” charts, so the interfile request can only be made when the Visa Bulletin final action date is current for the new IV petition. Eligibility Requirements When considering a request to transfer the basis of an adjustment application, the officer should consider the following guidance. The underlying petition could be any type: I-360, I-130, I-526, or I-140, but most commonly it is an I-140 or I-130 petition. Effective August 12, 2021, USCIS is temporarily extending the validity period of an otherwise valid Form I-693 in cases where: The civil surgeon’s signature on Form I-693 is dated no more than 60 days before the applicant files Form I-485; No more than 4 years have passed since the date of the civil surgeon’s signature; and. We are working to identify adjustment of status applications with available immigrant visas that lack a valid Form I-693 (immigration medical examination form). USCIS Announces Green Card Goals and Interfiling Guidelines USCIS updated the Green Card for Employment-Based Immigrants page with an alert about green card processing, noting the “exceptionally high number” of visas available and the Department’s goal for using all visa numbers prior to the start of the new fiscal year on. Citizenship and Immigration Services (USCIS) updated its website to indicate that foreign nationals may use the more favorable dates for filing chart (i. For example, an employee might have both an approved EB-2 I-140 and an approved EB-3 I-140. The I-485 application must be pending. February 02, 2021 Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans Briefing Room Presidential Actions By. Interfiling More Generally If the concept of interfiling. using your immigrant visa, You Have not yet paid the immigrant visa fee, You must pay the immigrant visa fee online before your permanent resident card can be processed. The requirements that an applicant must satisfy to be eligible for interfiling are: The applicant must have always maintained their eligibility to adjust their status to LPR from the time they submitted their original I-485 all the way up to the time they requested their application be interfiled. USCIS usually does not send any receipt or acknowledgment for interfiling letters. Following the release of the April 2022 Visa Bulletin, the U. The USCIS guidance states that transferring the eligibility basis of the I-485 application re-starts the 180-day clock for purposes of job portability under AC21, meaning a change in employment likely can only occur once 180 days have elapsed from the receipt date on the I-485 J supplement. Form I-485 Supplement J has two uses: one is for “Confirmation of Bona Fide Job Offer,” the other is “Request for Job Portability Under INA Section 204 (j). Interfiling is a complicated, but a potentially useful option for employees who have already filed an Adjustment of Status I-485 application with the USCIS and who have an approved I-140 in another preference category. Create USCIS Barcode > App has many features that make creating the USCIS barcode easy for you. USCIS is literally telling you to interfile now with this notice. Therefore, please interfile this second approved I140 petition with Mr. Can I use the interfile letter like the cover letter to send with my Medical RFE? Yes, you can use the same interfile letter as a cover letter for your medical RFE response. Interim Guidance for Processing Form I-140 EB Immigrant Petitions And Form I-485 and H-1B Petitions under AC-21 (5-12-05) INS Memo: Initial Guidance on AC-21 – Includes Section on 180-Day Portability Rule (6-19-01) What Can We Help You With - Videos Winning Your Case in Immigration Court Green Cards through Employment. In the recently published April Visa Bulletin, the Department of State advanced the Date for Filing (also known as the application date) applications for an. Still_Ad_8453 • True - agree with you. To be eligible for an interfiling or transfer of underlying basis, an individual must: Continue eligibility to adjust status; 2) Possess a pending I-485; 3) be eligible for the substituted category; and 4) the final action for the substituted category is current. On Friday January 21, 2022, USCIS issued formal guidance regarding “Transfers of Underlying Basis”, more commonly known as Green Card interfilings. Learn more about #PSRW at USCIS: uscis. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the "transfer of underlying basis" between employment-based. Topic Update: USCIS Interfiling Policy Alert Watch on On January 21, 2022, USCIS updated its guidance affecting some employment-based adjustment of status applicants. USCIS is doing everything necessary to use all available employment-based immigrant visas. Interfiling is the process of asking USCIS to adjudicate the I-485 under a different preference category. The underlying basis for a green card case may be converted in a number of situations. A “Transfer of Underlying Basis” or “interfiling” is based on a pending I-485 Green Card petition. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. A "Transfer of Underlying Basis" or "interfiling" is based on a pending I-485 Green Card petition. On January 21, 2022, USCIS released new guidance on requests to transfer the underlying basis of an I-485 to a different employment-based immigrant category based on another Form I-140. Continuing Eligibility to Adjust Status. The guidance from USCIS explains: If you are requesting to transfer the underlying basis to a previously filed and approved Form I-140, you must submit I-485 Supplement J with your transfer request. The interfile must be done only when there is a visa number “immediately available” which means that the priority date must be current under Final Action. On Friday January 21, 2022, USCIS issued formal guidance regarding “Transfers of Underlying Basis”, more commonly known as Green Card interfilings. You can track the status online. There are several factors to consider when determining whether to grant a transfer request. To qualify to interfile, the USCIS requires that ALL the following conditions are satisfied: The applicant must have continuously maintained eligibility to adjust status. How do I send an interfile request to USCIS? Prepare a medical interfile cover page to the USCIS Service Center address stated on your I-485 application receipt notice. When in doubt, visit uscis. Special considerations if 245 (i). Rather, the interfiling process is a policy within USCIS. Also, sign up for Case Status Online to:. This process, more commonly referred to as interfiling, is the method I-485 applicants use to “upgrade” or “downgrade” between the various immigrant visa. Note that the USCIS guidance was written before USCIS accepted I-485 applications based on the “Dates for Filing” charts, so the interfile request can only be made when the Visa Bulletin final action date is current for the new IV petition. USCIS’s decision to grant or deny a transfer request is discretionary. Interfiling Versus Filing A New I-485 In Order To Switch Employment Categories - Patel Law Group How To Make An Interfile Request To Switch Employment Categories By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3. If you are requesting to transfer the underlying basis to a Form I-140 that remains pending, you do not need to submit I-485 Supplement J. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. Filing Guidance | USCIS Home Forms Filing Guidance Filing Guidance This page contains filing locations, checklists and other resources to help you understand our. Direct Filing Addresses for Form I-131, Application for Travel Document. Enter a Receipt Number DHS Privacy Notice Why sign up for an account? Click Here Account Login Sign Up RELATED TOOLS Case Inquiry USCIS Processing Times Information USCIS Office Locations. ” We will use the common terminology of interfiling for simplicity. To be eligible for an interfiling or transfer of underlying basis, an individual must: Continue eligibility to adjust status; 2) Possess a pending I-485; 3) be eligible for. Scan USCIS Receipt You can simply upload the USCIS pdf image file and the app will automatically read everything including the Receipt number and the A-number. The employee may have filed an I. On January 21, 2022, USCIS released new guidance on requests to transfer the underlying basis of an I-485 to a different employment-based immigrant category. 384 66 390 USCIS @USCIS · Jun 10, 2022. Citizenship and Immigration Service (USCIS) emphasized the benefits of interfiling or transferring existing pending Adjustment of Status (AOS). USCIS calls this process a “change of underlying basis. Citizenship and Immigration Services (USCIS) memoranda and the USCIS Policy Manual (PM) use the phrase “Transfer of Underlying Basis” for what most foreign nationals and immigration law practitioners refer to as interfiling. (2) If it has been 60 days since delivery of your application to USCIS, Call the USCIS Contact Center to see if they can provide verification of the receipt of your application (phone #: 800-375-5283; hours of operation are Monday to Friday, 8am to 8pm Eastern). I have mailed in the 693 along with the courtesy letter. XXXXXXs country of chargeability is India. Please beware of imposter accounts. This guidance becomes effective October 2, 2020.