Case Processing

elvinkm th
Mar 1, 2025
Subject: RFE on Pending I-485 in EB-3 While Requesting Interfiling to EB-2 NIW Self-Petition
# Hello everyone, I need some advice regarding my situation, as I'm feeling quite stressed. Here's a breakdown of my case: I have a pending I-485 in the EB-3 category, but my priority date is not current in EB-3. Last year (July), my EB-2 NIW (self-petition) was approved, and my priority date is now current in EB-2. My attorney submitted an interfiling request to transfer my pending I-485 from EB-3 to EB-2 in September. Since then, I’ve been waiting for approval, as my EB-2 priority date is current. I contacted a Tier 2 officer last week to ask whether my case is still in EB-3 or if it has been transferred to EB-2. After two days, I received a response saying my case is still pending with no visa available, and it seems to still be in EB-3. Today, I received an RFE asking for an I-485J form for EB-3. The problem is that I left my EB-3 job after my EB-2 NIW approval, so I no longer have a job in the EB-3 category. How should I respond to this RFE given my situation? Should I respond solely with the EB-3 I-485J form? Or should I submit the interfiling request again, or mention it in the RFE response? I would appreciate any advice or insights from those who have been through a similar process. Thank you in advance! #rfe #niw #interfile #transfer #eb-2 #eb-3
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