Thanks Octgc7. Appreciate your response
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Hi Gurus, I work in a small company (LLC) that's a subsidiary of a bigger one. It's a bit complex and undefined structure. Question is, can i use my smaller company's info in I-485J in response to the RFE? Thanks in advance.
Hi,
Has anyone here used interfiling? I have an EB2 (Feb 2011) 485 application pending. It was based on job offer from my previous employer. For past 2 years, I have been with a new employer, who also started GC process about an year ago. my PERM is approved and we are in the process of filing EB3 I-40- petition. Based on my PD, I should be current under EB3 category next month. I have a bit of dilemma whether to file EB3 I-140 in premium right away or wait for a couple of months and see how EB2 progresses. I believe, I can do a new I-140 in EB3 with old employer also. Either way, I will have to bear the cost of new I-140. I absolutely don't mind waiting 2-3 months more and wait for my PD to become current under EB2.
So, if I choose to go with new I-140 (EB3), wanted to know if someone has experience with changing EB category while AOS is pending. How does this work?
One question, once we have submitted the 485 docs are the applications considered AOS pending?
Even if we have not received the EAD or AP and Final date in the bulletin is not yet current?
Checking this because Spouse may land with a full time opportunity and is on H4EAD and have to convince them that the we already applied and can be greened this year. Thanks for the responses
Hi Everyone,
Extremely urgent question. Would appreciate if someone can answer the question. My fedex packet to my attorneys office containing RFE response documents may have been lost. Attorney paralegal is still checking to find the parcel and will respond in a couple of hours.I had included the original three page orange sheets that USCIS had sent over as part of this packet. Fortunately I have scanned PDF digital copies of the three orange sheets in my email. There is a note in it that says attach the original cover letter along with response docs. If paralegal confirms that he cannot find the response packet, can a PDF copy of the uscis RFE letter be used to respond again to the RFE? If not, what is the solution?
Thanks
I am not an attorney, but my personal opinion is that it won't lead to denial. People are lot more understanding once you explain the situation clearly and they see no fraud. In the worst case, if USCIS has an concerns, they will send you another RFE. Straight denial seems impossible to me. Here are some responses from the attorneys
https://www.avvo.com/legal-answers/i...--4837504.html
What is more important is not to sit on your RFE, respond ASAP, so that you can get approval ASAP and get out of other people's way who are waiting for a long time.
Hello Guys,
Today I got the notice in my mail from USCIS returning my 485J, saying "Your I-485 Supplement J, is returned to you because it is not needed or one or more of the following required elements are missing: *The Supplement J is not needed when a Form I-485 is filed with a Form I-140 and your are the principle beneficiary or if the I-485 is already approved/denied/admin closed."
I concurrently filed I-140 and I-485 in December downgrading from EB2 to EB3. Is this okay or anything to be concerned about.?
My PD is: 12/11/2012
RD is: 12/21/2020
Service Center is: Nebraska, received all the receipts with LIN (No Update on any cases except on I-485 with an update that Fingerprint fee was received on February 26)
I submitted the 485, EAD and AP documents in Oct and finger printing done in Mar.
I got a letter says I-797C Notice of Action, and Case was showing as I-485J - Confirmation of Bona Fide Job Offer or Request for Job Portability INA SEC204(J).
Does it mean I need to submit the 485J or this is just a notice?
It is not clear if I need to take an action!
In the new format I-485 application, I-485 Supp J is required as part of I-485. Please note that I-485 J has dual purposes. When you submited with I-485 it is meant for confirmation of bonafide job offer. When submitted separately (standalone), it is for job portability (or AC21). Usually USCIS does not issue a separate receipt number for I-485 J when submitted with I-485. It is considered as a part of I-485 (because you need a genuine job offer for approval of GC). However, in the recent rush, it looks like lockbox issued separate receipt notices for I-485J that were part of I-485. The receipt number does not mean a thing when submitted with I485. Maybe USCIS is trying to claim victory by counting the number of receipt notices they had processed.
You don't need to do anything. You got a receipt notice, which has little meaning. Without the approval of I485J, I485 will not be approved (because it is a part of an application). In your case, when GC is approved, your I485J will also be approved. Don't know how they will handle it if PD retrogress. Hope this Helps.
I don't think so. In my case, since 140 and 485 were filed concurrently and I am the principle beneficiary, the 485J was not required. I did not know this until I got it returned.Attachment 1781
Hi,
I apologize if this question has been answered elsewhere in the forum, but as I could not find it, I am asking here. When we get I485 RFEs, is it sent to just the attorney, or does the beneficiary get a copy too?
Thanks
To my understanding interviews were never mandatory for for people who applied after 2017. That was enforced as part of the previous administration and with the pandemic we may see the norm to change and interviews count reduced.
That will speed up the approvals and release some resources, hopefully allowing more of the spillover Visas to be used rather than going wasted.
idliman: Just noticed that you've updated your signature with your GC approval on May 10. This is awesome news, congrats mate! My dates are close to yours and haven't seen any updates so far since my date got current in March. So hoping that there's some light at the end of the tunnel after all! Did you get any RFE in the recent past or was it straight approval?
I had sent I-485 Supp J (job portability) proactively in April 2019; By the time USCIS processed it and sent RFEs, it was Oct 2019. So My medicals, G-325A, Supp J are all up-to-date and current. I am working in H1B with the same employer in I-485 J. So it was approved without any RFEs.
I had used congressman query on the sidelines. Either that made it happen or case approved in normal processing. Some people with PDs around my date are either getting approvals or RFEs in TSC. Still not 100% sure how it happened. I may be one of the top 20% earlier approvals in TSC.
I wonder whether the delays are exclusive to TSC. My July 09 case--filed in Aug 2020 at NBC--remains under review. My congresswoman's office said they'd request an update for me (but warned me that they may get back nothing substantive from USCIS). I am waiting to hear.
Idliman -- Fantastic news! Congratulations!
I believe USCIS' stated policy has always been to process cases in the order they were received, i.e., FIFO, so given that your application was filed in 2020, it is taking additional time, however, for folks that filed back in 2012, NSC/NBC center are moving way faster than TSC, probably due to the fact that TSC was heavily inundated with all the EB2>3 downgrades from last October.
Have been a silent reader on this forum and I would like to say a big thank you to Q, Spec, Idliman and other gurus who have been helping so many of us.
I have a unique situation and not sure what to do next.
I was employed by Company A since 2011, filed 485 on 10/21/2020 in EB2 with PD June, 2010. Submitted medicals, I944 and 485J along with my 485 application. On 11/3/2020, our company announced that it will be acquired by company B from 1/1/2021. Company B updated the public access record and established successor in interest for H1-B through a notary paperwork, they did not do H1-B amendment nor transferred my H1-B. I am on company B?s paystubs from Jan 1st 2021.
For GC, company B?s lawyer said we can file 485J after completing 180 days as Company A?s federal tax ID is still active. Tried to convince her to file I-140 to establish successor in interest but could not succeed. Gave my fingerprints on 3/22/21.
Fast forward, I completed 180 days on 4/19/2021 and company B prepared new 485J and mailed it on 4/30/2021. I was hoping that it might trigger something as my pd was current in May. Irony is I got receipt for old 485J on 5/1/2021.
My 485 application got approved on 5/11 and today I see that old 485J got approved as well. Reached out to the lawyer and she mentioned that worst case, my 485 case could be reopened to process the new 485J. Since we have proof that a new 485J was submitted prior to the approval in case any question may arise.
Approval has not sunk it yet as it all happened in such small span of time.
Don?t want to sound negative but being in backlog for the last 11 years makes me think of all possible scenarios.
1) Dependent?s H1-B is up for renewal in Sept, 2021. If we do not proceed with his H1-B renewal and 485 case is reopened, can he continue to work given our EAD and AP cases are in pending status?
2) Can this have any impact down the line when I apply for Citizenship?
:confused:
Thanks in advance!
Congrats! Just keep all the documentation of the company acquisition, and records of sending I-485J (package tracking history, since it goes away), a copy of I-485J, your correspondence with the lawyer regarding filing it etc. in a safe place. At the time of naturalization they look whether you actually intended to work for the employer who filed for I-485 or not. With all this documentation it'll be a cakewalk in the worst case. Even in case there are issues, you can file a lawsuit and almost any judge will laugh the USCIS out of the court. I would stop worrying and enjoy the GC.
For our benefit, can you share your I-485 Received date and the USCIS service center that processed your I-485 so fast?
Wow. Never heard of this before. The good thing is successor in interest, so you are working for the same employer for 180 days after filing I-485. Your I-140 was already approved with Company A. You filed I-485 with Company A. You have been working with Company A then on Company B wilth Successor in Interest. So I think you are good. I am not formally educated in law, so don't know if I am missing any fineprints.
The good thing about GC is that the day GC is approved you are a permanent resident. Whether you like it or not, you are already a permanant resident. Also you cannot move to nonimmigrant visa status after GC is issued. You may have to do USCIS form I-407 to abandon GC (LPR) status. You need to provide a reason for it. Whatever you have stated above is not a proper reason that will be accepted by USCIS. Also you should not think about giving up GC or not using GC. You did everything by book including I-485 J. Even if someone losees their job in the 4th month and sends their I-485 J after 180 days, they are still good to meet AC21 requirements. The only way one will get in trouble is if USCIS sends a RFE before 180 days and they are required to respond before 180 days. So you are golden in my book. I think you are unnecessarily worrying my friend. An attorney firm filed I-485 J for you right. They should know the inner points. Maybe you can ask them if there are any issues.
When USCIS looks at I-485 Supp J, they will find out that the GC is approved. At that time because 180 days has crossed, they can look for only "same or similar" justification. As you are in same job across company A or B, you don't have an issue with I-485 Supp J. The only other thing USCIS can do is revoke your I-140 for cause after 180 days. That happens only if there is fraud, background, or other scenarios that involve cheating.
For Citizenship, you are required to work with the company for a "reasonable time". Reasonable is usually 6 months after GC. There will not be any issues in your case. You will fill company A d.b.a. Company B as employer. You can also save a copy of successor in interest for future reference.
I would also advise you to pay for a 30 minute discussion with Murthy or other reputable law firms for an independent consultation. That way you will have a peace of mind and any fineprints sorted out.
Good Luck Friend.
Thank rsnake for your suggestion! I will save all paperwork, emails, etc to be on safe side
Here are my details -
PD-6/24/2010
RD-10/21/20 filed 485 with medicals and Supp J
ND-12/7/20
BM-3/22/21 ASC Philly
old Supp J ND-5/1/21
New Supp J sent on 4/30/21
485 and dependent "New Card being produced"-5/11/21
485 and dependent "Case Approved"--5/12/21
Old Supp J approval-5/12/21
Long story short, you are in a good shape. No need to worry! Don't apply for H1-B, etc. for your dependent. Enjoy your green life. As others have suggested, keep documentation of everything that happened just in case there are any questions in future (you should always keep documentation of everything anyways). Most likely, USCIS will approve your new 485J when they eventually get to it, OR you will never hear back from them again.
Thank you idliman for the well articulated response! Congratulations on your GC.
My I-140 was approved with company A in 2013 and they never applied for withdrawal as company A is still active.
New Supp J has the exact same responsibilities and same office location as old Supp J.
Currently working with both company A lawyer and company B lawyer, both are clueless and have suggested to wait it out and see if USCIS decides to re-open 485 to process the new Supp J.
I will save all the emails, paperwork tied to the new Supp J. Planning to reach out to my husband's company lawyer or another lawyer.
Your Supp J was submitted after 180 days and the job description (portability) is exactly the same. They might just ignore the I-485 J or they might process it and approve it internally. Either way you are not going to hear from USCIS again.
For N-400, work in the GC job for a "reasonable" time or 6 months. They look at the history for the last 5 years before N-400. In the worst case, you can delay submitting N-400 by another 6 months. But in your case you need not worry.
If you have any male kids in the age group of 18 to 26 they need to register for selective service. Otherwise they might have issues with N-400 and have to wait till they are 30 to apply for Citizenship.