With the strong forward movement in the April 2026 Visa Bulletin, many applicants are seeing a reversal of what had been the norm over the past couple of years—EB-2 is now moving ahead of EB-3 for certain countries, particularly India. As we discussed in our recent posts on priority date movement and I-485 strategy, this shift is creating new opportunities for individuals with long-pending adjustment applications.

One of the most important strategic questions we are now getting is whether it makes sense to transfer the underlying basis of a pending I-485 from EB-3 to EB-2.

Why This Is Relevant Right Now

In our prior blog on the April 2026 Visa Bulletin movement, we highlighted the significant advancement in EB-2 final action dates. For many applicants who filed under EB-3 but also have an approved EB-2 I-140, the EB-2 category may now offer a faster path to approval. If the priority date is current (or expected to become current soon) under the EB-2 category, but remains backlogged under the EB-3 category, a transfer of underlying basis may be worth considering.

What Does “Transfer of Underlying Basis” Mean?

A transfer of underlying basis (often referred to as “interfiling”) allows USCIS to continue adjudicating an existing I-485 application using a different approved I-140 petition. In this context, it refers to shifting the basis of the pending adjustment application from an EB-3 I-140 petition to an EB-2 I-140 petition.

This does not involve filing a new I-485 application. The original application remains pending, and the applicant continues to retain the benefits associated with it, including employment authorization and advance parole.

USCIS permits this type of request as long as the applicant remains eligible under the new category. Additional information on employment-based immigrant visa eligibility is available on the USCIS employment-based green card page.

Who Must Submit the Transfer Request?

An important, and sometimes overlooked, aspect of this process is that the transfer request cannot be made independently by the I-485 applicant.

Technically, the request must be made by the petitioner of the EB-2 I-140 petition. This is because the process requires submission of Form I-485 Supplement J, which serves as confirmation that the job offer described in the EB-2 I-140 petition continues to exist and that the employer remains willing to employ the beneficiary in that role. Accordingly, the Supplement J must be completed and signed by both the I-485 applicant and the I-140 petitioner. It cannot be submitted by the applicant alone.

It is also not required that the applicant has been continuously employed by the EB-2 petitioner since the I-485 application was filed. As long as the EB-2 I-140 petition remains approved (that is, has not been withdrawn) and the petitioner continues to offer the sponsored position to the applicant, the transfer may still be viable.

How Is the Transfer Requested?

USCIS has formalized the interfiling process in recent years, and the most common approach is to submit Form I-485 Supplement J to the designated USCIS lockbox. The submission typically includes a cover letter requesting transfer of the underlying basis from the EB-3 category to the EB-2 category, along with supporting documentation such as the EB-2 I-140 approval notice and the I-485 receipt notice.

While the process itself is relatively straightforward, USCIS does not always provide clear confirmation that the transfer has been completed. In many cases, the only indication that the request was successful is the eventual approval of the I-485 application under the EB-2 category.

Timing and Practical Considerations

Because USCIS does not consistently acknowledge completion of interfiling requests, timing and strategy become particularly important. As a general matter, it is advisable to submit a transfer of underlying basis request only in a month when the priority date is current under the EB-2 category according to the Final Action Dates chart.

Filing the request prematurely, in anticipation of forward movement that does not ultimately occur, or in situations where retrogression follows, can create complications. In some cases, it may be necessary to transfer the underlying basis back to the original EB-3 category in order to align the case with visa availability.

It is also important to note that there is no regulatory limit on the number of times the underlying basis of an I-485 application may be transferred, and there is no filing fee associated with submitting Form I-485 Supplement J. However, frequent transfers between categories may create internal confusion at USCIS regarding which preference category is governing the case at any given time, which could potentially impact adjudication efficiency.

As with all interfiling strategies, ensuring that the I-485 application remains continuously pending is critical. If the application is denied or withdrawn, there is no mechanism to transfer it to a different underlying basis.

A Practical Tip: Submit a New Medical Exam

For many applicants with long-pending I-485 applications, the previously submitted medical examination has expired. As discussed in our earlier post on next steps for newly current priority dates, this is a common source of delay at the final stage of adjudication.

For that reason, it is generally advisable to submit an updated Form I-693 medical examination together with the Supplement J request. Doing so can help avoid a subsequent request for evidence and allow USCIS to proceed directly to adjudication once the case is otherwise ready.

Final Thoughts

The April 2026 Visa Bulletin has created a meaningful opportunity for applicants whose cases were originally filed under the EB-3 category. For those who also have an approved EB-2 I-140 petition and a more favorable priority date under the EB-2 category, transferring the underlying basis of the I-485 application may help accelerate the path to permanent residence.

However, this strategy should be evaluated carefully in light of each applicant’s individual circumstances, including priority date movement, job offer continuity, and overall case posture. If there are questions about whether a transfer of underlying basis is appropriate in a particular case, the Reddy Neumann Brown team can assist in evaluating the available options and guiding the process to help position the case for efficient adjudication.

By: Rebecca Chen

Rebecca Chen is a Partner at Reddy Neumann Brown. Her representation includes advising clients throughout the non-immigrant and immigrant visa application process, from initial filing, responding to various requests for evidence, and processing at overseas consulates. Her years of experience in the immigration field have made her a knowledgeable resource for complex business immigration matters.