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Case Stories
⏳ EB-3 to EB-2 Interfile with AC21 - India PD Feb 2014
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⏳ **Case Status: Pending**
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India-born applicant with a Feb 2014 priority date has an approved EB-3 I-140 and an approved EB-2 I-140 with ported priority date. After filing I-485 under EB-3 and experiencing retrogression, they are now planning to interfile to EB-2 category using AC21 portability after 3 years at a new employer in a same/similar role.
Applicant from India holds two approved I-140 petitions: an EB-3 from a prior employer and an EB-2 from a second employer with the original Feb 2014 priority date ported over. The I-485 was filed when EB-3 dates became current, but retrogressed before adjudication. EAD has been issued and the case remains pending. The applicant has been with a third employer for 3 years in a same/similar role, establishing AC21 eligibility. With EB-2 dates now current for their priority date, the applicant plans to submit an interfile request to have the pending I-485 adjudicated under the EB-2 I-140, accompanied by a full AC21 package documenting the role continuity across multiple employers.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1rz5fgk/interfile_eb3_eb2_with_ac21_am_i_on_the_right/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
Interfile requests (EB-3 to EB-2) are administratively complex but well-established under USCIS policy. Key risk factors for similar cases: (1) USCIS must affirmatively accept the interfile — there is no guaranteed timeline; some cases are reassigned quickly, others take months. (2) With a multi-company AC21 history, the same/similar determination will scrutinize SOC codes and job duties across all three employers — ensure the AC21 package includes detailed duty descriptions and ideally an attorney letter tying roles together. (3) The EB-2 I-140 must remain valid and unrevoked at time of adjudication. (4) India EB-2 dates can retrogress again — filing when current does not guarantee adjudication before another cutoff shift. Cases with India PDs in the 2014 range have seen multi-year I-485 pending periods even after interfile; expect USCIS to issue an RFE on AC21 eligibility given the employer chain.