Rijo Rijo
May 2, 2024
Transfer of Underlying Basis
Hello Everyone,
I have an EB2-NIW (RoW) approval with PD of Dec 2022. Since my PD was retrogressed, my company filed EB1B petition with Sept 2023 PD.
Till now, I am still awaiting for the EB1B petition to be approved. As at when I submitted, the processing time was 4.5 months. Today, it is 9 months. It kept on going up.
Hence, I am considering requesting for the transfer of my underlying AOS basis from EB1B to the approved EB2-NIW.
Whil I have read about the requestments, please, can you advise based on precious experiences.
Thanks a lot!
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Jun SMay 6, 2024
I haven’t gone through the process but what I learned from my attorney is that transfer of underlying basis may mess up your whole process. Since you are just submitting a letter for the request and there is no receipt number, no tracking of the process, you will not know what’s happening. Also, this process may take several months, so better to just wait for EB1 approval. Why dont you do premium processing of your eb1 petition?
Rijo RijoMay 7, 2024
@Jun S, thanks for your comment.
I am also concerned about the chances of the transfer messing up the process. It can happen. However, I have seen that USCIS had actually requested applicants to transfer their basis due to visa availability. When it comes to it being a letter, I believe it is similar to priority date retention requested. I am optimistic that with the required information (approval notice, receipt notice, other documents), USCIS should ordinarily honor that.
About going for premium, it is already late on arrival. Having waited for ~8 months, I definitely wouldn't give them my hard earned ~3k.
Jun SMay 7, 2024
I understand. 3k is expensive. I think you already know pros and cons of each option. It is on your own risk I guess… I wish you a good luck 🤞
Rijo RijoMay 8, 2024
@Jun S, thanks immensely! And good luck with your process
