EB-3 India Applicant Weighs Transfer to EB-2 After Priority Date Becomes Current

An Indian national who filed an I-485 under EB-3 in 2020 with a July 2014 priority date is now evaluating a Transfer of Underlying Basis (TUB) after the April 2026 Visa Bulletin advanced EB-2 India's Final Action Date to July 15, 2014. With a priority date of July 2, 2014, the applicant is technically current under EB-2 Final Action — by a margin of just 13 days — while EB-3 India remains significantly backlogged. The applicant holds two approved I-140 petitions: one under EB-3 (the basis for the pending I-485) and one under EB-2 filed by a prior employer. Having changed employers under AC21 portability rules and filed a Supplement J to document the job change, the applicant now faces a strategic decision about whether to pursue an interfiling request to shift adjudication to the EB-2 category. Key concerns raised include the risk of retrogression given the razor-thin 13-day margin, whether the previously filed Supplement J affects the TUB request, and whether a derivative spouse on a separate pending I-485 would automatically benefit from an approved basis transfer. Additionally, questions remain about whether a prior employer's approved EB-2 I-140 can still support an interfiling after an AC21 job change. This case illustrates the complexity long-backlogged EB applicants face when Visa Bulletin movements create narrow windows of opportunity. The TUB (interfiling) process allows USCIS to adjudicate an already-pending I-485 under a different approved I-140 without filing a new application or paying additional fees, but timing and documentation are critical. Applicants in similar situations — particularly those with multiple approved I-140s across preference categories — should monitor monthly Visa Bulletin updates closely and consult an immigration attorney before submitting a TUB request, especially when priority date currency is narrow and retrogression risk is present.