Is Interfiling needed if AOS filled using approved 1-140 under EB2 and I-140 application under EB3 is still pending?

Hi, my PD is Feb 9 2012 under EB2. My attorney filled for AOS using approved I140 under EB2 when PD became current in Dec 2021. Along with AOS, they also filled for downgrade application from EB2 to EB3 which is still pending. Now, my attorney is asking for $1300 to file I-485 - J Supplement. Is it really needed since I485 is filled under EB2. Can they just cancel the application for downgrade since it is not approved yet instead of submitting I-485 J Supplement?

Why would they file I-140 downgrade to EB3 when your PD was current in Dec’21 bulletin under EB2? This doesn’t look correct information.

Your employer will need to file I-485J unless you had concurrent filing of I-140 & I-485/AOS.

1 Like

Thanks for your response Kalpesh.

My application was sent on 10/27/2021 when EB3 was still ahead of EB2. Not sure I understand when you say concurrent filing of 1-140 & I-1485… Just to clarify, my I-140 under EB2 was approved back in May 2012. In Oct 2021, I-485 was applied using I-140 approved under EB2. Also at the same time, they applied for downgrade I-140/AOS under EB3 and it is still pending. So in this situation, do I need to submit I-485 J?

Ok, you didn’t mention this earlier.

This makes sense as they might be trying to interfile using your EB2 which needs I-485J.
Just trust your attorney.

1 Like