{"id":1365,"date":"2022-02-22T09:23:36","date_gmt":"2022-02-22T09:23:36","guid":{"rendered":"https:\/\/www.h1btransfersusa.com\/blog\/?p=1365"},"modified":"2022-02-22T09:23:37","modified_gmt":"2022-02-22T09:23:37","slug":"uscis-urges-eligible-applicants-to-switch-employment-based-categories","status":"publish","type":"post","link":"https:\/\/www.h1btransfersusa.com\/blog\/uscis-urges-eligible-applicants-to-switch-employment-based-categories\/","title":{"rendered":"USCIS Guidance on Requests for \u201cTransfer of Underlying Basis\u201d Between Employment-Based Categories"},"content":{"rendered":"\n

U.S. Citizenship and Immigration Services (USCIS) is encouraging eligible candidates to consider requesting to transfer the underlying basis<\/strong> of their adjustment of status application to the first or second employment-based preference categories<\/strong>. Since there is an exceptionally high number of employment-based immigrant visas <\/strong>available in these categories during this fiscal year (Oct. 2021 through Sept. 2022).<\/p>\n\n\n\n

The overall employment-based yearly limit for the financial year 2022<\/strong> is around two times as high. As expected because that limit includes all unused family-sponsored visa<\/strong> numbers from the fiscal year 2021, which was approximately 140,000<\/strong>.<\/p>\n\n\n\n

Transfer of Underlying Basis Between Employment-Based Categories<\/h2>\n\n\n\n

Also, under the relevant statute<\/strong>, any visas are not needed in the fifth employment-based preference category. Are made available in the first employment-based preference category. And any visas not needed in the primary employment-based preference category are made available in the second employment-based preference category<\/strong>. These visas can’t be made available to candidates in the third available since, given the huge number of noncitizens <\/strong>awaiting visas in the second employment-based preference category, these visas are expected by statute to be used for the second preference category.<\/p>\n\n\n\n

If you have a pending adjustment of status application <\/strong>in the third employment-based preference category and a visa isn’t available to you in that category, yet you also have a pending or approved petition<\/strong> and an available visa in the first or second employment-based preference category. We strongly encourage you to consider requesting that USCIS \u201ctransfer the underlying basis\u201d of your pending I-485 application<\/strong> to the preference category where you have an available visa. Making such a request is the decision of every candidate and should be made based on your particular circumstances.<\/p>\n\n\n\n

Who Can File:<\/h3>\n\n\n\n

You might be eligible to request to transfer the underlying basis<\/strong> of your Form I-485. Application to Register Permanent Residence<\/strong> or Adjust Status, to an alternate employment-based immigrant category<\/strong>. Based on another Form I-140, Immigrant Petition for Alien Workers. USCIS may, in its discretion, grant a transfer request if the following criteria are met:<\/p>\n\n\n\n