If you are an employment-based applicant with a pending Form I-485 Adjustment of Status, you may eventually encounter the dilemma of whether to transfer the underlying basis (commonly abbreviated as “TUB”), interfile, or file a new I-485 altogether. This situation typically arises when your adjustment application is pending under the EB-2 category, but visa bulletin dates retrogress under EB-2 while becoming current under EB-3. Many applicants find themselves wondering which path will bring them to permanent residence the fastest, but the right answer depends on a nuanced understanding of your status, your employer’s willingness to act, and how United States Citizenship and Immigration Services (USCIS) handles these filings in practice.

To understand your options, it helps to first distinguish the underlying employment-based categories. EB-2, or Employment-Based Second Preference, generally applies to individuals holding advanced degrees or demonstrating exceptional ability in their field. EB-3, or Employment-Based Third Preference, typically covers professionals, skilled workers, and certain other employees. Each preference category has a separate visa bulletin chart that determines when your priority date is current. Because these dates shift frequently based on demand, it is not unusual for EB-3 to move ahead of EB-2 or vice versa. When that happens, an applicant may wish to transfer their already pending I-485 to the category that is current so the case can continue forward without delay. That transfer process is what immigration lawyers and USCIS refer to as the transfer of underlying basis, or interfiling.

There are three distinct approaches to making such a transfer. The first is the most formal option: filing a new I-485. The second is a formally informal option that relies on the I-485 Supplement J form to transfer the underlying basis. The third is an informally informal option in which the applicant simply writes a letter to USCIS requesting that the I-485 be associated with a different I-140 approval. Although all three methods aim to achieve the same result, the procedural differences between them can have major implications for certainty, timing, and peace of mind.

Under the formal option, the applicant files a brand-new I-485 adjustment application based on a newly approved I-140 in the other category. If you have maintained a valid nonimmigrant status such as H-1B, L-1, or O-1, there is nothing impermissible about having multiple pending I-485 applications at the same time. In this situation, your employer, often referred to here as Company A, files a new I-140 under EB-3 using the same underlying PERM labor certification that supported the EB-2 petition. This process is commonly called an I-140 downgrade. Importantly, the employer does not need to obtain a new PERM certification; the existing PERM remains valid for both categories as long as the job description fits within the EB-3 classification. After the new I-140 is approved, you can submit another I-485 application under EB-3 while keeping your original EB-2 I-485 pending. You will then have two pending I-485 applications in the system—one under each preference category.

The advantage of this formal approach is certainty. It is the only method that provides unquestionable confirmation that USCIS has both applications pending. You will receive separate receipt notices, fingerprinting appointments, and tracking numbers for each filing. It also offers flexibility because whichever category moves faster can be approved first, while the other serves as a backup. If one category retrogresses, the other might continue progressing toward approval. The cost of this certainty is financial and administrative. Filing an additional I-485 means paying another full set of filing fees, repeating medical examinations, and providing another adjustment packet. It also requires employer cooperation for the I-140 downgrade. Despite those inconveniences, applicants who maintain valid status often favor this route because it provides the clearest path forward with minimal ambiguity.

The second option—the formally informal route—is to file a transfer of underlying basis request through Form I-485 Supplement J. This process is what most people mean when they refer to interfiling. To use this method, your employer must already have an approved I-140 in the new category, for example EB-3. Company A then files the Supplement J to confirm that the job offer remains valid under the EB-3 classification and to request that USCIS transfer the underlying basis of the pending I-485 from EB-2 to EB-3. The agency typically issues a receipt notice acknowledging receipt of the Supplement J and the request to transfer. However, there is no formal adjudicative process that confirms the transfer has occurred, nor is there an online status change reflecting it. In practice, you must trust USCIS to update your case correctly behind the scenes.

This option is often preferred by applicants who are no longer maintaining nonimmigrant status and therefore cannot simply refile a new I-485. Once you file for adjustment of status, you are not legally required to continue maintaining a nonimmigrant visa such as H-1B, but doing so gives you greater flexibility if visa bulletin movement forces you to pivot between categories. The formally informal method allows you to switch categories without paying new filing fees or duplicating the entire process. It preserves your existing receipt date and queue position. On the other hand, the lack of transparency can be frustrating. You will not receive a formal confirmation that your adjustment was moved from one category to another, and USCIS may take months to act on the request. Some applicants have experienced delays or confusion when their files were transferred between service centers. While this approach is more economical and convenient than filing a new I-485, it involves more uncertainty.

The third method is the informally informal approach, which predates the existence of Form I-485 Supplement J. Before the Supplement J was introduced, the only way to request a transfer of underlying basis was to send a written letter to USCIS asking the agency to interfile the new I-140 approval into your existing I-485 case. Under this approach, your employer or attorney sends a letter explaining that you have an approved I-140 under a different category—say, EB-3 instead of EB-2—and requests that USCIS transfer the I-485’s underlying basis accordingly. There is no form, no fee, and no receipt notice confirming the agency’s action. The only proof that you submitted the request is your own delivery record. Some attorneys still use this method in time-sensitive or exceptional circumstances because it is quick and simple. In fact, USCIS has occasionally revived this approach during special policy periods, such as in 2022 when the agency encouraged EB-3 to EB-2 interfiling to use available visa numbers before the fiscal year ended.

Despite its simplicity, the informally informal approach carries the highest risk. There is no way to verify whether USCIS has received or processed the request, and no acknowledgment is issued. Without a Supplement J form, the agency may ignore the request entirely or misfile it. Applicants who use this method must rely solely on follow-up inquiries or future case updates to determine whether the transfer was successful. For this reason, most practitioners now view the letter-only method as a last resort. It can occasionally work in urgent cases, but it is not recommended as a standard strategy because it offers no transparency and no procedural safeguard.

Choosing between these three approaches requires careful evaluation of your individual circumstances. If you have maintained valid nonimmigrant status, can afford the additional filing costs, and have an employer willing to cooperate, filing a new I-485 is generally the most secure and straightforward method. It provides full visibility and control over both cases and ensures that at least one of them remains viable regardless of future visa bulletin movement. If you cannot maintain nonimmigrant status or wish to avoid duplicate filing fees, requesting a transfer of underlying basis through Form I-485 Supplement J is often a reasonable compromise. It allows USCIS to move your existing case to the new category without starting over, though at the cost of some uncertainty. The letter-only interfile should typically be reserved for situations where other options are unavailable or when USCIS specifically invites such filings under temporary policy announcements.

No matter which route you choose, it is important to understand that “transfer of underlying basis” and “interfiling” are two names for the same process. Both refer to the reassignment of your pending I-485 from one immigrant visa category to another. When people ask whether they should TUB or interfile, they are essentially asking the same question. The primary difference lies in how the request is presented to USCIS—either through a formal Supplement J filing or a simple written correspondence. Filing a new I-485, by contrast, is a separate and more formal act that establishes an entirely new adjustment application tied to the new immigrant category.

Maintaining valid nonimmigrant status provides a valuable safety net throughout this process. Even though the law does not require you to remain in status after filing an I-485, doing so gives you the flexibility to pursue multiple filings if needed. It also minimizes the risk of falling out of lawful presence if processing delays occur or if USCIS mishandles your transfer. Many applicants who have maintained H-1B or L-1 status have successfully filed new I-485s while keeping their existing ones active, ensuring that whichever case moves faster can proceed to approval first.

As with any immigration strategy, timing and documentation are critical. USCIS officers must clearly identify the basis for your adjustment of status, so whichever method you select should include a detailed cover letter explaining the purpose of the filing, the priority date, and the corresponding I-140 approval notice. If you choose to file a new I-485, ensure that medical exams, forms, and supporting documents are complete and accurate to avoid delays. If you choose to interfile through Supplement J or letter, maintain clear records of what was submitted and when. Inconsistent documentation can lead to confusion later when your case is adjudicated.

Ultimately, the decision between TUB, interfiling, or filing a new I-485 depends on a number of factors.  Applicants who prefer absolute certainty and can bear the cost may lean toward filing a new I-485. Those who prefer efficiency and simplicity may opt for a Supplement J interfile. Applicants facing unique timing pressures may attempt a letter-only interfile, though they should do so understanding the inherent unpredictability of that method.

In summary, transferring the underlying basis of your I-485 is a legitimate and sometimes necessary strategy for navigating visa bulletin fluctuations between EB-2 and EB-3. All three approaches—the formal, the formally informal, and the informally informal—can lead to the same outcome if executed correctly. The key is to match the strategy to your individual circumstances and to maintain clear communication with your employer and USCIS throughout the process. For most applicants, working closely with an experienced immigration attorney ensures that every filing is properly structured and that critical timing decisions are made with full awareness of their consequences. As visa bulletin movement continues to fluctuate, understanding when and how to transfer the underlying basis of your adjustment application can make the difference between years of waiting and finally receiving your green card.

 If you are considering filing your I-485 for adjustment of status, or if you have received your interview notice and are looking for a detailed conversation on the final steps in the process, I invite you to schedule a consultation here.

By : Ryan A. Wilck, Partner and Attorney at Law

Ryan Wilck is a Managing Partner and attorney at Reddy & Neumann, P.C. with over a decade of US immigration law experience, enthusiastic and proactive in his approach assisting clients and their employees through the various phases of the permanent residency a/k/a Green Card process. “Concilio et labore” is not only the motto of Ryan’s favorite sports club but is also his life’s motto; all things come through wisdom and effort. Ryan is passionate about gaining the trust of his clients by utilizing a relentless and detail-oriented approach to understand their specific goals and concerns, hoping to instill a sense of confidence and stability. Whatever your immigration problem or interest, he and his team will find a solution, through wisdom and effort. Reddy & Neumann, P.C. has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on employment-based business immigration. We work with employers and their employees, helping navigate the complex immigration process efficiently and cost-effective.

 We are committed to assisting our clients with navigating the complex PERM Labor Certification (ETA 9089 and other challenging immigration matters as an accomplished immigration law firm in Houston, Texas. Our team is here to offer the direction and support you require, whether you’re a company trying to hire top talent or a foreign worker seeking to develop a career in the United States. To find out more about how we can help you with your immigration issues, get in touch with us right away.