I485 Information, details and scenario playout

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Originally Posted by idliman

As explained before there is no requirement to proactively submit I485J or AC21. In fact most attorneys will discourage doing it and advise the company against it. However, once you had submitted a first time I485J, there is a chance that USCIS might approve your case without another RFE (even if you had switched jobs). It depends on the book-keeping from USCIS and adjudicating officer. Sometimes people proactively submit I485J. The two reasons that I can think of are:

1. Their PD is about to become current; They want to keep an updated medical on file; Sending a I485J will automatically kick-in a RFE for medicals; In four months time their I485 will be complete for themselves and their dependents. Do this only if your same or similar job justification is very good. Otherwise you are taking chance on the denial of I485J.
2. Maybe the applicant is facing a "reduction in force" or "layoff" environment; Proactively submitting I485J will probably buy the applicant two more years.

There is very low chance of Feb 2010 EB2I becoming current immediately. The 7% quota for this year (approx 5200) will push the dates only till end of Jan 2010. Maybe Feb 2010 (if you consider any down-porting to EB3I). So any movement after that date will be based on quarterly spillover or yearly spillover. If DT admin wins, I don't think they will move PDs till Summer of 2021. They will go slow and try to waste as much GCs as possible. If JB wins, then suddenly a pro immigration admin will take charge. Then the PDs might move faster. In any case it is going to take a few bulletins (may be 3 or more) for your PD to become current. My analysis is based on the past trends with DT admin. I would be happy to be proved wrong and the dates move faster.

In most likelihood, your medicals will expire before your PD becomes current. So you can switch companies and make sure that they agree to support your I485J. You might file a I485J after joining the new company or wait for an RFE and respond. Hope this helps.

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Thank you for detailed explanation. This helps clarify my thoughts. Not sure why my employer's attorney wanted to file 485J back in January of this year when I joined them. But anyway, now since it is filed already, I can't do much about it. I haven't received any update on that either for close to 9 months now. Regarding date movements, you may be right as Feb is still 4 + months away (from Sep 09) and with month or two months at the most movement, it may reach in Jan or Feb of 2021 (that too if all goes well).
I remember back in 2018 when USCIS sent RFE asking for 485 J and when I submitted it, it got approved (and received approval mail) within 3 months. But this year's 485 J has no activity on it after it was submitted in Jan/Feb time frame. My medicals would also have expired as it was filed last in 2018 August, as part of RFE response.

Your response threw another question for me though, in case my 485J that was filed in Jan from my current company, gets denied, should I immediately file a new 485 J from my new company? what would be the scenario of 485 J denial. My same/similar position is been maintained for the last 12 years. I have refused or not tried for any promotions and stayed true to my roles for quite some time, just so that i do not want to jeopardize the 485.

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Originally Posted by incredible

Your response threw another question for me though, in case my 485J that was filed in Jan from my current company, gets denied, should I immediately file a new 485 J from my new company? what would be the scenario of 485 J denial. My same/similar position is been maintained for the last 12 years. I have refused or not tried for any promotions and stayed true to my roles for quite some time, just so that i do not want to jeopardize the 485.

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I485-Js get their own receipt number. So you can check on their status. There are two ways of checking status: 1) via case status and 2) via DHS account. In my case one of the sites, show I485J as approved. The other one does not have any status updates. So you might want to check on both sites. Also I did not get an approval notice on I485J. Maybe it was sent to the attorney or it was not sent at all.

I have not heard about anyone's I485J being denied. Maybe the standards are very loose. So I don't think you should worry. My guess is it has been approved internally. If you had any problems, they would have notified you already. Don't know if you can call in using I485J receipt notice to check status. Maybe others on this forum have better idea / exposure on this.

As explained, there is no requirement of I485J unless a RFE is sent. So maybe the USCIS process is not setup well when someone proactively sends I485J. Just a guess. Good Luck.

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Originally Posted by idliman

I485-Js get their own receipt number. So you can check on their status. There are two ways of checking status: 1) via case status and 2) via DHS account. In my case one of the sites, show I485J as approved. The other one does not have any status updates. So you might want to check on both sites. Also I did not get an approval notice on I485J. Maybe it was sent to the attorney or it was not sent at all.

I have not heard about anyone's I485J being denied. Maybe the standards are very loose. So I don't think you should worry. My guess is it has been approved internally. If you had any problems, they would have notified you already. Don't know if you can call in using I485J receipt notice to check status. Maybe others on this forum have better idea / exposure on this.

As explained, there is no requirement of I485J unless a RFE is sent. So maybe the USCIS process is not setup well when someone proactively sends I485J. Just a guess. Good Luck.

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Thanks Idllman. Both the websites show that they have received the documents and sent receipt. They may probably pick it up when the date is current or as you said may have internally approved it already. The reason for my question was that the company that I am in now (which filed 485 J in Jan) is a startup and they do not have a lot of profits (although they have good revenues).

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Originally Posted by incredible

Thanks Idllman. Both the websites show that they have received the documents and sent receipt. They may probably pick it up when the date is current or as you said may have internally approved it already. The reason for my question was that the company that I am in now (which filed 485 J in Jan) is a startup and they do not have a lot of profits (although they have good revenues).

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A company's profits only come into question if they are not paying you the prevailing wage in the Perm determination. Having said that, it's a check that's made for i140 filing (ability to pay). If you are already on AOS, I am not sure if they will revisit all the Perm details.

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Originally Posted by vsivarama

A company's profits only come into question if they are not paying you the prevailing wage in the Perm determination. Having said that, it's a check that's made for i140 filing (ability to pay). If you are already on AOS, I am not sure if they will revisit all the Perm details.

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That is a valid point. But 485 Supplement J has couple of questions that wants to know about the company's revenue and profits. That is generally not something to worry about when working for big or even most of the companies. When working for startups those two are little bit difficult to answer for two reasons. Startups may not have any revenues especially in the first or second year (as they are still trying to build software) and even if they have good revenues, they may not have yet breached the break-even and may not have achieved profit. USCIS need not worry about all this as long as company is paying the prevailing wage, but who knows though.

Have been following the forum for a while. Few questions:
1) I am currently employed with a firm where they are filing my I-1485/EAD (June 2011 EB3). I am in a layoff situation as well, while I am trying to buy some time, not sure if I would get complete 6 months
2) What is I am laid off before even I get EAD? If I find another employment on h1B, my EAD can still come and legally valid or I need to file another I-765
3) I understand you need 6 months after I-485 application for AC21 portability. But I heard conflicting view. Some of the folks say, it it good as long as your previous employer does not revoke I-140

Would really appreciate all the insights, unfortunately got into this situation when things turned on brighter side

Hi Gurus,
Just curious, what happens if a person has EAD/AP approved and loses Job.
Do they have to go back to India ?

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Originally Posted by texas_

Hi Gurus,
Just curious, what happens if a person has EAD/AP approved and loses Job.
Do they have to go back to India ?

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If 180 days have passed from the pending I-485 receipt notice date, you are good. You will have to find the next job in the same or similar job category and file a supplement - J form and adjust when your final action date becomes current.

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Originally Posted by Zenzone

If 180 days have passed from the pending I-485 receipt notice date, you are good. You will have to find the next job in the same or similar job category and file a supplement - J form and adjust when your final action date becomes current.

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It also depends if we are using EAD or still using and on H1. If H1, I guess you have a grace period (don't know the no of days - but the no of days one can be in no status) to find a job and if you switching employer file for transfer.
Others may correct

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Originally Posted by Zenzone

If 180 days have passed from the pending I-485 receipt notice date, you are good. You will have to find the next job in the same or similar job category and file a supplement - J form and adjust when your final action date becomes current.

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What if, god forbid, you don’t find a job for like 6 months ? How much of a grace period do you have ? Trying to understand what it means when it’s 180 days after filing 485.

An individuals have both H1 and EAD/AP valid when losing job. Do they go out of status ?

How many days/months the candidate has to find a job given the situation above when a candidate is having both H1 and EAD/AP valid?
I am not in that situation just curious ..! Hypothetically.

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Originally Posted by texas_

An individuals have both H1 and EAD/AP valid when losing job. Do they go out of status ?

How many days/months the candidate has to find a job given the situation above when a candidate is having both H1 and EAD/AP valid?
I am not in that situation just curious ..! Hypothetically.

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"If you have already filed the I-485 application, you are in “authorized status,” and losing your job, in and of itself, does NOT automatically jeopardize your status. You will remain in status until USCIS reviews your case (calls you in for an interview) and denies the I-485 application."

This is what I got when I googled. so It seems one should be in authorized status until the FAD becomes current and interview is scheduled.

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Originally Posted by texas_

An individuals have both H1 and EAD/AP valid when losing job. Do they go out of status ?

How many days/months the candidate has to find a job given the situation above when a candidate is having both H1 and EAD/AP valid?
I am not in that situation just curious ..! Hypothetically.

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The answer is pretty clear post 180 days of 485. Not sure on the nuances of job loss before that period, though. Post 180 days you can find one more employment in same or similar job description and file supplement J. There is no clear cut grace period as you are technically in status on the account of having filed 485 (post 180 days scenario). It is recommended to find employment ASAP if you are the primary applicant on the GC petition as it cannot be approved unless you have a same/similar job. You may also want to have a job in hand in case USCIS issues an RFE regarding 485-J. So technically speaking if you do not get a job immediately you are still good but you are definitely risking your application the more time you stay unemployed. This is the extent of law I understand/know. You may want to consult a lawyer in case the situation arises.

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Originally Posted by texas_

An individuals have both H1 and EAD/AP valid when losing job. Do they go out of status ?

How many days/months the candidate has to find a job given the situation above when a candidate is having both H1 and EAD/AP valid?
I am not in that situation just curious ..! Hypothetically.

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For EAD/AP (AOS is Pending category or (c)(9) eligibility after 180 days with first company):
Once you crossed 180 days with the employer that filed for your AOS, you can be out of job for as long as you like. However, USCIS may send you a RFE for I485J anytime. At that time, you need to show that you have a future job with same or similar category classification. These RFEs have a 90 day return window. Usually USCIS sends a RFE only when your FA PD is current. However, they can suddenly become efficient and send you a RFE if you happen to be on their radar.

It is better to be on a job with EAD/AP (AOS Pending) status and have a plan to submit I485J whenever it is required.

For H1B:
You have 60 days grace period. See https://www.uscis.gov/archive/uscis-...-visa-programs

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Originally Posted by vsivarama

The answer is pretty clear post 180 days of 485. Not sure on the nuances of job loss before that period, though. Post 180 days you can find one more employment in same or similar job description and file supplement J. There is no clear cut grace period as you are technically in status on the account of having filed 485 (post 180 days scenario). It is recommended to find employment ASAP if you are the primary applicant on the GC petition as it cannot be approved unless you have a same/similar job. You may also want to have a job in hand in case USCIS issues an RFE regarding 485-J. So technically speaking if you do not get a job immediately you are still good but you are definitely risking your application the more time you stay unemployed. This is the extent of law I understand/know. You may want to consult a lawyer in case the situation arises.

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My understanding is that if you lose your job before 180 days after filing your I-485, you have to redo your PERM and I-140, but get to keep your priority date. So assuming many of you who are eligible sent out your applications to reach in the first week of Oct, you will be free in April 2021.

https://www.alllaw.com/articles/nolo...rocessing.html

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Originally Posted by idliman

For H1B:
You have 60 days grace period. See https://www.uscis.gov/archive/uscis-...-visa-programs

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As I understand it (correct me if I am wrong), the grace period should not come into play here. Even though you are on H1, because of the virtue of having filed 485 and in pending state, you are technically in status.

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Originally Posted by vsivarama

As I understand it (correct me if I am wrong), the grace period should not come into play here. Even though you are on H1, because of the virtue of having filed 485 and in pending state, you are technically in status.

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Yes Sir. When I485 is pending you will not be out of status, till a decision is made. However, some folks like to maintain both H1B & EAD/AP status simultaneously. So for them they have the grace period before H1B status expires.

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Originally Posted by idliman

Yes Sir. When I485 is pending you will not be out of status, till a decision is made. However, some folks like to maintain both H1B & EAD/AP status simultaneously. So for them they have the grace period before H1B status expires.

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My H1B is expiring in April, 2021.

My priority date is 11/09/2009 under EB2 I. I filed for the first time in October, 2020.

Do I need to renew my H1B?

Thank you!

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Originally Posted by Kesid23

My H1B is expiring in April, 2021.

My priority date is 11/09/2009 under EB2 I. I filed for the first time in October, 2020.

Do I need to renew my H1B?

!

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Based on current processing time of 485 and EAD/AP, yes its recommended to renew your H1.

Also, check your company policy. Some firms will let you work on extension receipt, others will not. If its former then you can wait and submit paper work 1 month before expiration date. If its later then file for renewal first chance you get it. Anyway paperwork wise, you will be good as you just filed 485.

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Originally Posted by Kesid23

My H1B is expiring in April, 2021.

My priority date is 11/09/2009 under EB2 I. I filed for the first time in October, 2020.

Do I need to renew my H1B?

Thank you!

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It's always better to have H1 status until you get GC unless the circumstances don't allow you to do that. My H1 renewal is in June, so I plan to wait for a couple of bulletins (PD EB2 May 2010), but I am also planning on renewing the H1 in Jan.

I really appreciate both of your replies.

Thank you!

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Originally Posted by Kesid23

I really appreciate both of your replies.

Thank you!

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You are welcome. I was just interested by the fact that you joined in 2014 and have 4 posts! Not judging, the discussion here is very civil and I used to lurk here too before losing interest in the GC process and focusing on other things in life :o

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Originally Posted by Turbulent_Dragonfly

You are welcome. I was just interested by the fact that you joined in 2014 and have 4 posts! Not judging, the discussion here is very civil and I used to lurk here too before losing interest in the GC process and focusing on other things in life :o

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:) I joined way many years ago as well. But watching and reading about hopeless situation was not helping my peace of mind, so have stayed away from thinking about the fiasco that my immigration journey has been for last 17 years.. Only when I am able to apply, have I got vested in the process again.

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Originally Posted by Turbulent_Dragonfly

You are welcome. I was just interested by the fact that you joined in 2014 and have 4 posts! Not judging, the discussion here is very civil and I used to lurk here too before losing interest in the GC process and focusing on other things in life :o

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LOl.
I do come on the forum almost daily and have been doing so since I joined. But have been more of a reader than a contributor.
I missed the boat on filing in 2012 and was finally able to file this October.


I am hopeful that there will be an end in sight soon.....

Yup same here, only started posting since last year. I used to post in Murthy forum a long time back (~2005-2006) and used to remember JoeF lecturing everyone though he did always provide accurate information. I lost interest in GC and other things after that and only picked it back up last year. I do plan to hang around and post and help others after I get my GC. Barring any immigration reform, there is going to be another decade of suffering on the horizon for backlogged EB2/3-I folks, and I plan to provide them with help and support through their difficult times as others have done so here.

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Originally Posted by idliman

For EAD/AP (AOS is Pending category or (c)(9) eligibility after 180 days with first company):
Once you crossed 180 days with the employer that filed for your AOS, you can be out of job for as long as you like. However, USCIS may send you a RFE for I485J anytime. At that time, you need to show that you have a future job with same or similar category classification. These RFEs have a 90 day return window. Usually USCIS sends a RFE only when your FA PD is current. However, they can suddenly become efficient and send you a RFE if you happen to be on their radar.

It is better to be on a job with EAD/AP (AOS Pending) status and have a plan to submit I485J whenever it is required.

For H1B:
You have 60 days grace period. See https://www.uscis.gov/archive/uscis-...-visa-programs

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Folks,
I have had consultations with 2 good lawyers on this topic (this was just one of the questions). One of the conversation was done recently. I am in agreement with the response given above since it comes closest to the response given by BOTH the lawyers. The only place lawyers differed were was the - "Once you crossed 180 days with the employer that filed for your AOS," part. My lawyers did not mention this caveat at all. And instead both of them said that once you are in I-485 applied and pending status, you are 'off-the-hook' so to say. Only thing is whenever the next communication from USCIS comes up, (to submit the I-485 J) you need to working with the same employer (if it is less than 180 days) or with 'any' employer who is willing to file supplement J for you after 180 days. Of course both said that this is not a really great situation to be and should be avoided at all costs. But both mentioned that you REMAIN in "I-485 APPLIED/PENDING"status until the decision is made. Hope this helps.

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Originally Posted by Turbulent_Dragonfly

Yup same here, only started posting since last year. I used to post in Murthy forum a long time back (~2005-2006) and used to remember JoeF lecturing everyone though he did always provide accurate information. I lost interest in GC and other things after that and only picked it back up last year. I do plan to hang around and post and help others after I get my GC. Barring any immigration reform, there is going to be another decade of suffering on the horizon for backlogged EB2/3-I folks, and I plan to provide them with help and support through their difficult times as others have done so here.

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I sincerely applaud this thought. I unfortunately put my head in the sand and waited. Even if I want to help, I have almost zero knowledge of all the processes and pitfalls, I do plan to stay active from now on as well, not sure how helpful i will be :)

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Originally Posted by optimista

Folks,
I have had consultations with 2 good lawyers on this topic (this was just one of the questions). One of the conversation was done recently. I am in agreement with the response given above since it comes closest to the response given by BOTH the lawyers. The only place lawyers differed were was the - "Once you crossed 180 days with the employer that filed for your AOS," part. My lawyers did not mention this caveat at all. And instead both of them said that once you are in I-485 applied and pending status, you are 'off-the-hook' so to say. Only thing is whenever the next communication from USCIS comes up, (to submit the I-485 J) you need to working with the same employer (if it is less than 180 days) or with 'any' employer who is willing to file supplement J for you after 180 days. Of course both said that this is not a really great situation to be and should be avoided at all costs. But both mentioned that you REMAIN in "I-485 APPLIED/PENDING"status until the decision is made. Hope this helps.

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Yes, you can be out of a job on an EAD for as long, until the RFE is issued for supplement J. I know of cases during the recession where some folks were out a job but only received RFE for medicals when their date got current. Getting an RFE for employment i.e. Supplement J is typically when the GC is due (not always though ) or when its been a while since they checked on you . Eg: for folks who got their EAD in 2012 got RFEs in 2018 for the Nebraska filings and 2019 for the Texas filers .
After the 180 day period you own the petition and its almost like having a GC wrt employment . Now that you can apply for EAD 180 days in advance and with a extra grace period of 180 days after EAD expiry , its lot safer to be on EAD .

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Originally Posted by idliman

For EAD/AP (AOS is Pending category or (c)(9) eligibility after 180 days with first company):
Once you crossed 180 days with the employer that filed for your AOS, you can be out of job for as long as you like. However, USCIS may send you a RFE for I485J anytime. At that time, you need to show that you have a future job with same or similar category classification. These RFEs have a 90 day return window. Usually USCIS sends a RFE only when your FA PD is current. However, they can suddenly become efficient and send you a RFE if you happen to be on their radar.

It is better to be on a job with EAD/AP (AOS Pending) status and have a plan to submit I485J whenever it is required.

For H1B:
You have 60 days grace period. See https://www.uscis.gov/archive/uscis-...-visa-programs

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Understood,
Thank you Idliman

Please refer the OLD article below from Murthy.com that was published during July 2007 fiasco. Article talks about I-485 applicants not receiving receipt information even after 2 months.

https://www.murthy.com/2007/10/19/up...i-485-filings/

I guess we may have to wait one more month to start seeing receipts based on above article and due to COVID delays.

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Originally Posted by maverick2010

Please refer the OLD article below from Murthy.com that was published during July 2007 fiasco. Article talks about I-485 applicants not receiving receipt information even after 2 months.

https://www.murthy.com/2007/10/19/up...i-485-filings/

I guess we may have to wait one more month to start seeing receipts based on above article and due to COVID delays.

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Trackitt is reporting some receipts and checks cashed.

Can someone please respond and provide insights?

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Originally Posted by 19YRSNOGC

Trackitt is reporting some receipts and checks cashed.

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I had submitted my 485 application package on Oct 5th, USCIS received on Oct 6th. On Oct 19th I received text notifications with case numbers for all 3, 485, 131 and 765. USCIS tracker shows that the applications were received and notices are in the mail.

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Originally Posted by montyp80

I had submitted my 485 application package on Oct 5th, USCIS received on Oct 6th. On Oct 19th I received text notifications with case numbers for all 3, 485, 131 and 765. USCIS tracker shows that the applications were received and notices are in the mail.

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Congratulations on getting receipt numbers 😊 which service center ?

My attorney also reported receiving receipts this week for applications submitted in the first week of October and expects mine to arrive in a couple of days. The massive falloff in application processing might be helping in combating the thousands of 485s they should have received in the past few weeks.

Receipt numbers start with MSC. The app on which I am tracking it says 'Notional benefits center'.

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Originally Posted by mesan123

Congratulations. Could let us know Which service center? I m guessing your date was current and filed 485 and not a downgrade?

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I am 2014 EB3. So it is a straight forward case.

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Originally Posted by tomhagen

Congratulations on getting receipt numbers �� which service center ?

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Thanks. Still have a long way to go. Receipt numbers start with MSC. The app on which I am tracking it says 'Notional benefits center'.

Dumb question.

Lets say your I-485 has already been filed this month and is pending adjucation. Now, in couple of months FAD moves to a date/point where you become eligible to get a green card (but your AOS is still pending given processing times are 8-14 months).

What happens if FAD date retrogresses again to a point/date when its no longer current? Little fuzzy on the timelines/flow.

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Originally Posted by GCkaLADDU

Dumb question.

Lets say your I-485 has already been filed this month and is pending adjucation. Now, in couple of months FAD moves to a date/point where you become eligible to get a green card (but your AOS is still pending given processing times are 8-14 months).

What happens if FAD date retrogresses again to a point/date when its no longer current? Little fuzzy on the timelines/flow.

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In this case, I would move into AOS pending state, and wait until I become current again.