Confused about what “Transfer of Underlying Basis” or interfiling really means? You’re not alone. In this live session, we’ll break down:

✅ What interfiling is
✅ When it can (and can’t) be done
✅ How it impacts your green card process
✅ Tips to avoid common mistakes

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Transfer of Underlying Bases

• The discussion begins with the concept of transfer of underlying bases, which is relevant for individuals in immigration categories, particularly those seeking employment-based immigration.
• This transfer allows individuals to switch from one immigration category to another, such as from EB2 to EB3, without needing to file a new adjustment application.
• The speaker emphasizes that understanding this concept can be beneficial for immigrants, as it can save both time and money in the immigration process.
• Transfer of underlying bases can occur between employment-based and family-based immigration categories, allowing flexibility for individuals who may find themselves eligible for a better category.
• The process is designed to be efficient for both the applicant and the government, as it avoids unnecessary filings and expedites the path to obtaining a green card.

Eligibility Criteria for Transfer

• The first criterion for transfer of underlying basis is that the applicant must have a pending adjustment of status that remains valid.
• If an I-140 petition is denied, it can negatively impact the pending adjustment of status, making it essential to maintain a valid status throughout the process.
• The second requirement revolves around the continuing eligibility of the adjustment status, meaning the initial I-140 must not have been withdrawn or denied.
• Both eligibility and the pendency of the adjustment must be in good standing; if either is compromised, the transfer may not be possible.
• The speaker highlights that clarity around these requirements is crucial, as many applicants may not fully understand their implications.

Substituted Categories

• Substituted categories refer to the new immigration category that an applicant wishes to move to, such as EB3 in the discussed example.
• To successfully transfer, the applicant must establish eligibility in the new category, which can be done by either having an approved I-140 or filing a new one concurrently.
• The importance of having a current priority date in the new category is emphasized, as it directly affects the ability to transfer and obtain timely immigration benefits.
• The speaker warns that many applicants misunderstand the requirements regarding priority dates, which can lead to complications in their applications.

Discretionary Considerations

• The transfer of underlying basis is ultimately at the discretion of immigration officials, who are not obligated to grant the request even if the applicant meets all technical requirements.
• The speaker shares experiences where government officials have shown flexibility in approving requests that expedite green card processing for eligible individuals.
• Requests for transfer must be submitted in writing and should clearly state the basis for the transfer, including the relevant immigration categories.
• The discussion includes the idea that if a prior case is nearing approval, officials may choose not to complicate matters by allowing a transfer, as it may be unnecessary.

Risks and Downsides of Transfer

• One significant downside mentioned is that initiating a transfer of underlying basis resets the 180-day portability period associated with an adjustment of status application.
• This reset means that if an applicant is close to meeting the portability requirement, they must wait an additional 180 days after the transfer to change jobs.
• The speaker notes that this can create risks if job security is uncertain, as the applicant may find themselves in a vulnerable position during the waiting period.
• Applicants can only transfer their underlying basis once per adjustment, which can limit options if circumstances change.
• The transfer process can also lead to confusion and miscommunication with USCIS, as there may be no clear confirmation of the status of the transfer.

Live Questions and Answers

• The session includes live questions from viewers, addressing specific scenarios related to immigration and transfer of underlying bases.
• One viewer asks about their ability to switch categories after having filed an adjustment under EB2, highlighting the need for employer support to return to EB3.
• The speakers clarify that without the original employer’s support, it is challenging to revert back to a previous category, as they must file necessary documentation for the transfer.
• Another question pertains to a family-based immigration scenario, where the speakers discuss showing ties to the home country for visa applications.
• The importance of providing comprehensive documentation to demonstrate ties and intent to return is emphasized as critical for visitor visa applications.