elvinkm th
1 de mar de 2025
Subject: RFE on Pending I-485 in EB-3 While Requesting Interfiling to EB-2 NIW Self-Petition
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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
PUBLICIDAD
Mrs Mrs1 de mar de 2025
You should explain in the cover letter that you a porting your priority date to EB2 and you are continuing with EB2 and not EB3. I recommend you speak to a lawyer.
How did you port your priority date? A friend wants to do the same. How did you speak to a tier two officer?
Bill : )2 de mar de 2025
@elvinkm th You should talk with your lawyer.
Minsoo Kang2 de mar de 2025
seems very complicated issue. plz talk to ur lawyer. I haven’t heard that we can transfer sponsored green card into self-sponsored green card for I-485
B OO2 de mar de 2025
if you can avoid mentioning "you left your eb3 job", it will be nice. try hing your response on the interfile you submitted with relevant evidence. attach the approval for eb2 etc.
I will be nice to consult a lawyer for guidance.
elvinkm th2 de mar de 2025
@Mrs Mrs once you have a approved I-140 you will always be entitled your earliest priority in subsequent I-140 approval.
We submitted documents, I do not know why didn’t they understand.
elvinkm th2 de mar de 2025
@Minsoo Kang thank you your advice.
yes my pd transfered from eb-3 to eb2 niw while I got my NIW approval notice.
and my friend was also in same situation
he already got his GC
elvinkm th2 de mar de 2025
@Bill : ) thank you for your kind advice. I am working with my attorney
elvinkm th2 de mar de 2025
@B OO thank you so much man for you advice. I will do that
hello world 3 de mar de 2025
@elvinkm th how many days USCIS gave you for RFE response for 485j? is this 87days or shorter?
elvinkm th3 de mar de 2025
@hello world 87 days
hello world 3 de mar de 2025
@elvinkm th thanks. have you submitted 485j at the time of filing 485? or you filed concurrently ( 140 and 485 together without 485j)
?
elvinkm th3 de mar de 2025
@hello world filed concurrently in 2022 December
COG cog10 de mar de 2026
did you get the green card?
elvinkm th10 de mar de 2026
@COG cog yes, I got it last March 24 2025
Laure Lee16 de ago de 2026
@elvinkm th Hey dear
I have almost the exact same timeline of events , I am waiting for an RFE that’s coming in the Mail soon, still have no clue what it is about but just wondering if you can elaborate more about your response to the RFE , just in case mine was about my initial petition despite multiple attempts to send and remind the agency about my interfiling request
elvinkm th16 de ago de 2026
it was about Interfile
