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ap297

Interfile docs sent without Supplemental 485J

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I had downgraded my EB2 application to EB-3 in Oct 2020. PD is May 2012. After I received my EAD/AP, the final action date in EB-3 retrogressed, although it then became current under EB2 category as per Jan'22 bulletin. My firm immediately filed a basis transfer request from EB-3 to EB-2 on January 4, 2022 . After they sent out my documents to Texas service center, USCIS updated their guidelines on how to submit basis transfer requests last week. They now want these requests to go to some designated address in California and Supplemental 485J form is made mandatory.  Should I resend my documents (along with supplemental J) to California address now? My firm did not attach 485J.

Also since my previous downgrade was filed as an "amendment" petition (as opposed to a "new" petition),  there is some level of ambiguity on whether my I140 in EB2 is still valid. Therefore should I refile instead?

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