Rijo Rijo
May 5, 2024
Transfer of Underlying Basis
Please can you share your experience with transfer of Underlying Basis?
I am considering requesting USCIS to transfer my Underlying petition for my AOS from pending EB1 to approved EB2.
Please help.
Thanks!
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Rijo RijoMay 5, 2024
@Josh B, thanks for the reply.
EB1 case is definitely strong. The reason why I am considering the transfer is due to the processing time. When submitting my EB1 petition, processing time was 4.5 months. Since then, it has been going up by 1/2 a month. Currently, it is 9 months. Now that my EB2 has been current since the last 2 VB, I suppose it is best to just transfer the AOS basis for USCIS to finalize.
Rijo RijoMay 5, 2024
@Josh B, according what I have read, there is really need to withdraw the EB1 petition. All is needed for the transfer is that one maintains eligibility of the current basis before requesting the transfer.
Please why did you think of a withdrawal?
Rijo RijoMay 7, 2024
@Damo Tha, thanks for your thoughts.
I actually thought of a retrogression for EB2 RoW....that was why I used my EB1 to file my AOS. But given that my EB1 has not been approved for quite sometime now, and the processing time keeps increasing, I just gave up. I intend to wait for the June VB to confirm whether USCIS will retrogress EB2 RoW before submitting the transfer request. My country of birth is Ghana.
eb applicant 1Aug 19, 2024
@Rijo Rijo I considered doing this 485 transfer at a point. I am just curious, what did you do eventually? I read that USCIS has no obligation to do the transfer.
Rijo RijoAug 19, 2024
@eb applicant 1, I didn't go that route again. Regarding USCIS obligation to transfer underlying basis, it is open ended. Unfortunately, there is no way to verify that. However, I wonder why they accept porting of priority date but not change of Underlying Basis.
eb applicant 1Aug 19, 2024
@Rijo Rijo thanks for your response
