elvinkm th
Mar 1, 2025
Subject: RFE on Pending I-485 in EB-3 While Requesting Interfiling to EB-2 NIW Self-Petition
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Hello everyone,
I need some advice regarding my situation, as I'm feeling quite stressed.
Here's a breakdown of my case:
I have a pending I-485 in the EB-3 category, but my priority date is not current in EB-3.
Last year (July), my EB-2 NIW (self-petition) was approved, and my priority date is now current in EB-2.
My attorney submitted an interfiling request to transfer my pending I-485 from EB-3 to EB-2 in September.
Since then, I’ve been waiting for approval, as my EB-2 priority date is current.
I contacted a Tier 2 officer last week to ask whether my case is still in EB-3 or if it has been transferred to EB-2. After two days, I received a response saying my case is still pending with no visa available, and it seems to still be in EB-3.
Today, I received an RFE asking for an I-485J form for EB-3. The problem is that I left my EB-3 job after my EB-2 NIW approval, so I no longer have a job in the EB-3 category.
How should I respond to this RFE given my situation?
Should I respond solely with the EB-3 I-485J form?
Or should I submit the interfiling request again, or mention it in the RFE response?
I would appreciate any advice or insights from those who have been through a similar process. Thank you in advance!
#rfe
#niw
#interfile
#transfer
#eb-2
#eb-3
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Mrs MrsMar 1, 2025
You should explain in the cover letter that you a porting your priority date to EB2 and you are continuing with EB2 and not EB3. I recommend you speak to a lawyer.
How did you port your priority date? A friend wants to do the same. How did you speak to a tier two officer?
Bill : )Mar 2, 2025
@elvinkm th You should talk with your lawyer.
Minsoo KangMar 2, 2025
seems very complicated issue. plz talk to ur lawyer. I haven’t heard that we can transfer sponsored green card into self-sponsored green card for I-485
B OOMar 2, 2025
if you can avoid mentioning "you left your eb3 job", it will be nice. try hing your response on the interfile you submitted with relevant evidence. attach the approval for eb2 etc.
I will be nice to consult a lawyer for guidance.
elvinkm thMar 2, 2025
@Mrs Mrs once you have a approved I-140 you will always be entitled your earliest priority in subsequent I-140 approval.
We submitted documents, I do not know why didn’t they understand.
elvinkm thMar 2, 2025
@Minsoo Kang thank you your advice.
yes my pd transfered from eb-3 to eb2 niw while I got my NIW approval notice.
and my friend was also in same situation
he already got his GC
elvinkm thMar 2, 2025
@Bill : ) thank you for your kind advice. I am working with my attorney
elvinkm thMar 2, 2025
@B OO thank you so much man for you advice. I will do that
hello world Mar 3, 2025
@elvinkm th how many days USCIS gave you for RFE response for 485j? is this 87days or shorter?
elvinkm thMar 3, 2025
@hello world 87 days
hello world Mar 3, 2025
@elvinkm th thanks. have you submitted 485j at the time of filing 485? or you filed concurrently ( 140 and 485 together without 485j)
?
elvinkm thMar 3, 2025
@hello world filed concurrently in 2022 December
