140 amendment or interfile

Hello All,

EB2 PD dec 2012
EB2 to EB3 downgrade was approved via PP in Sep 21.
same employer - name and location changed( 5 miles)
title has changes but same duties.

Now my EB2 FAD is current so as I am preparing to file my interfile request, my attorney is suggesting that I file an Eb2 amendment instead as the company name has changed( no merger/acquisition) and we moved 5 miles to another location and I have been promoted a few times.My colleagues had filed direct petition with the different company, location and title only via 485J and 485 forms and all have received GC. My attorney dismisses that fact saying that can’t be compared. I just want to know if I am doing the right thing by agreeing to amendment vs interfile? thank you.

Share the below links with your attorney and if they still don’t agree consult another lawyer for a second opinion. I think you can simply interfile using I-485J and there are no charges what-so-ever from USCIS. I think your attorney wants to charge you for filing another I-485! I dont think a simple company name change requires any amendment to your I-140, this can be rather addressed in I-485J that is a must with interfile request.
You may even hire another lawyer to interfile.

Expand the ‘alert’ box in below link:

If you are eligible, please consider applying in the first or second employment-based preference categories. If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS “transfer the underlying basis” of your pending application to the second employment-based preference category.

Expand the ’ Transfer of Underlying Basis’ section in below link.

@anil_am22 has covered the above in easy to understand article below.

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Thanks alot @Kalpesh_Dalwadi for your response. I figured the same. I was able to convince the attorney and my HR today to just file the supplemental J and interfile request rather the whole amendment. Even they weren’t sure at some point of the conversation that amendment was the way to go!! Hopefully this works out!