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

Table of Contents

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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revolves around the continuing eligibility of the adjustment status, meaning the initial I-140 must not have been withdrawn or denied.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 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.

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.

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.

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.