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  • Writer's pictureIKS ESQ. LLC.

Critical: USCIS Provides a New Path to Migrate in Process EB3 I485 to Existing EB2.

Late on Friday last week, USCIS issued an alert regarding Applicants of EB3 AOS applications that are pending, who also have an EB2 approved I-140 petition. USCIS has advised that applicable applicants can request a “Transfer of Underlying Basis”. What this means is that, if your EB3 I-140 that was filed did not amend your approved EB2, you may be eligible to migrate the AOS to the EB2 where the priority has become current or is about to become current in the upcoming month. USCIS may grant the request, within their discretion, if the following criterion applies:

  • You have continuously maintained eligibility for adjustment of status;

  • Your adjustment of status application based on the original Form I-140 is still pending;

  • You are eligible for the new immigrant category; and

  • You have a visa immediately available in the new immigrant category.

With the above criterion, it may be possible to request a 'Transfer of Underlying Basis' of your pending EB3 AOS petition based on your EB2 priority date (issued under your EB2 I-140 approval notice).

In this particular alert, USCIS has advised that they have opened a specific office/center to process these requests. Please note the applicable legal fees to process this request is $1000.00 plus courier.

Please reach out to Karn at, to schedule a call to discuss further, if interested in proceeding.

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