Yes Harpreet , it is not mandatory to file Supp J when you change jobs. I have had Fragomen confirm that when I changed jobs .
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Hi ,
My application received on Oct 6th , still no update . Did your checks got deducted ? I am waiting for my checks to be deducted .
Premium Processing Fee Increase Effective Oct. 19, 2020
https://www.uscis.gov/news/premium-p...ve-oct-19-2020
I was told by my lawyers on more than one occasion that the job duties should not change more than 50% from what’s in the PERM. So if job duties change significantly then a new PERM and i140 is required . But getting paid more than what’s on the PERM is seldom an issue.
I think it’s a miss on part of the lawyers or your employer that they didn’t proactively get a new I-140 for you if they thought that your job duties were changing significantly.
Ofcourse I look forward to hearing what gurus here have to say about this.
My attorney also said the same. Once we file new I140 for EB3 alone with 485, is highly unlikely that uscis will let us switch back to EB2. My attorney said for Chinese clients they have numerous letters requesting switch to EB2 when it pulled ahead but they never even received an acknowledgment of the request.
Friends - can one get multiple requests for Supplement J? Or is it a one time thing and the RFE will likely be about medicals when one becomes current?
I filed 485 in 2012 (EB2I, PD 03/2010), changed employers in 2013, got a medical and Supp J RFE in 2018. All accepted and approved. Most recently, I renewed EAD/AP in April this year with the same employer.
My medicals will expire this week (2 years), so I am expecting RFE for that when I become current, but not Supplement J again.
Thoughts?
Does anyone got RFE for medicals whose priority date (eb2) is in December 09? It seems like medicals are valid for only two years, and I got RFE for my medicals in 2018 june, and responded in July 2018. is it advisable to get the medicals ahead of time given current situation?
Hi my priority date is also in December 2009 I got RFE for I-485 J and medicals in 2018 and sent response in August 2018.
I know I will get another RFE for medicals when dates get current (still waiting...). Will I need to file another I-485 J since I am with the same employer ?
As long as the future job offer exists, it doesn't matter to the USCIS whom your work for on your EAD, or whether you work at all. Once I-485 is filed, you are lawful and do not need to work at all. If your employer, A, is fine with your working elsewhere, it's not a problem.
But if you do stay with employer A for at least 180 days after I-485 is filed, you are then free to move to any employer permanently and there will be no issues.
The main thing after filing I485 is whether it was pending for 180 days or not. As long as you stayed with employer A for 180 days after filing I485/AOS, you are eligible for AC21 job portability. You can move to any employer as long as the job is in the same or similar category. For safety, I would try to match the SOC job code and also keep a copy of the original PERM (with SOC) and job description. Once you are with employer C or D or E, when your PD becomes current, USCIS might send an RFE for I485 Supp J and medicals. The company that you work for at that time will write a justification that the new job is in the same or similar category (SOC and original PERM job description helps here). So it is a good idea to ask before joining whether they will support Supplement J. That's it.
The whole thing revolves around the 180 day issue. After 180 days you become a "free agent". No need for new PERM or I-140. You need to stay with the same employer for 180 days after AOS is filed. If you did not do that, then you are not eligible for AC21 job portability. Hope this helps.
For those people who had recently filed AOS/I-485, take care of the I485 receipt notice. It is equal to its weight in gold. For all EAD/AP renewals from hereafter you will need a copy of the I485 receipt notice. That proves your eligibility for (c)(9) category EAD/AP. If your PD is in later 2014 or so of EB3, especially take care of this document. For people who file AOS before the new USCIS fees kick-in, you do not need to pay EAD/AP renewal fee. It is free forever. Essentially you will pay only the charges for printing your photos and FedEx.
Once the new USCIS fees kick-in, everyone needs to pay ($550+$590 = $1140) per applicant for renewing EAD+AP. If you have primary plus spouse plus one child, you will pay 3x$1140 = $3420 every time you renew. After paying this amount, you will pray that USCIS issues a combo card with 2 year validity instead of one year. Rinse and repeat this cycle.
Hope this helps.
USCIS lockbox has been very good with acknowledging the receipt date. Even if you receive the receipt after a month, they show the correct delivery or receipt date. Notice date does not matter. It depends on the lockbox workload and time it takes to verify and accept your form.
I had used USPS a lot for EAD/AP renewals. Sometimes, USPS will show delivery on the 3rd day. However USCIS receipt notices always show the 2nd as intended and promised by USPS on the receipt notice.
Here's some info that I got from AILA (from Dec 2007 / Jan 2008)
Quote:
U.S. Citizenship and Immigration Services (USCIS) advises customers that processing of fee payments and entry of cases into our tracking system remains behind schedule due to the tremendous increase in the number of applications filed. As a result, applicants are experiencing delays in receiving notices of receipt. USCIS is working hard to deal with the increased volume.
Date Received in Mailroom – USCIS will honor the actual date that an application was received in our mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed. You can see a sample Form I-797 under "Related Links" on this page. If your case is affected by the receipt delay, arrival of your receipt may take up to 12 weeks for adjustment-of-status applications and 15 weeks for naturalization and other applications.
I thought the fee increase already took effect this month and a court put a hold on it. So if and when court decides in favor of USCIS, they can say it was already in effect Oct 2020 and they will continue to charge the fees for EAD/AP? Just curious what would be the legal arguments.
I had the same question.
EB2I 03/2010; last RFE for Med and Supp J in 2018.
Renewed EAD/AP couple of months ago with the same employer.
Should I prepare for both Med and Supp J or just Med when dates become current?
Just curious, My attorney has applied just the 485, 485J along with 944 for me and my spouse but not 765 & 131 & medicals claiming he will do it in November. If we need to file the EAD & AP, do we need the 485 receipt notice to do that? Also can we submit medicals along with EAD & AP? As my 485 application reached USCIS today (Oct 19th) by which the new fees are not kicked in, do we still need to pay the fees for 765 & 131 when applying in November if the fees kicks in by then? Your responses are highly appreciated.
This is risky in terms of the new fees kicking in.. USCIS has already warned that they will be implementing all other fees and fee hikes as and when they are ready
"Pub. L. No. 116-159 also gives USCIS the ability to expand premium processing to additional forms and benefit requests, but USCIS is not yet taking that action. Any expansion of premium processing to other forms will be implemented as provided in the legislation."
I think you need to wait for the I-485 receipt notice and hope that USCIS does not increase the fees from now till the day they receive your EAD/AP application. It would have been better to send it now.
You don't need an attorney to apply for I-765 and I-131; Many of us have done it ourselves multiple times. Take a look at the EAD/AP forum. There is a documents list along with sample cover letter and attachments. The first time you do it it may take you 2 or 3 hours. However, you can ask your questions and people will be able to help you out. You can get started now itself. In these many years, I have not seen any rejection of I765/I131. In the worst case, I have seen people getting RFE for photos.
Thanks Idliman. i had no option as my attorney was very reluctant not to include medicals, 765 & 131 applications along with 485 as he wants to push just 485 first. Now i have it filled in and get ready and send it as soon as i get the 485 receipt notice. Thanks again.
You don't need to wait to fill the I485 form to get a medicals appointment. And depending on your location the medicals may themselves take a week or so. First you fill the basic info in I-693 form and hand it over at the doctors office and get the prescription for blood work and tests and go to LabCorp or Quest. or do the blood work at the doctors office and finish your examination and sign the documents. And then wait for the doctors office to call you when the reports come in and they sign and seal the documents.
Depending on the area you can cross check with the diagnostic centers if they have the TB Kits available and walk in early morning. That way the results should be in docs office in a couple of days. If there are backlogs and big queue and TB kits availability, it may take 5 to 7 days for test results and then a couple more days for Doc's office to complete and hand over the forms.
I693 form should be available with the uscis approved dr?
My lawyer is of the opinion that not to supply any additional information without being asked for it. They won't be a reference number to track that document and you might have to send another one anyway.
If you didn't file the Supp J with your I-485 then don't send it now until they ask for it. They will likely ask you for the Supp J because it has been so long since you filed I-485, and they have no way o knowing if you are with the same employer or not or whether that job on the I-140 still even exists.
By all means, have your Supp J ready and filled out, but I wouldn't send it out to them unless they ask it.
Assume they will drag their feet as much as they can. What I really want to know is can USCIS keep all other countries "current" even after they reach their 7% limit for this year, basically siphoning the extra visas to other countries rather than India. I keep hearing "hidden demand" in philippines and South korea in EB3 category.. but ideally that demand should not matter because those countries should get capped off at 7% ( ~5K visas) for this year.
Hi Gurus
I have a quick question. I am Feb, 2010 (EB2 and RD of 2012 when I submitted I485 at that time) and hoping to become current in the next couple of months (for FAD). I received an RFE back in 2018 for both supplement-J and medicals and submitted them. I have changed jobs earlier this year and proactively submitted submitted supplement-j (based on the company policy, around Jan of 2020). I am looking at another promising opportunity at one of the Big 4 companies. Should I wait in my current company and assume and I will get GC as soon as I become current and go to the new company in few months after getting GC? Should I pursue the new opportunity and just go to the new company? If I go to the new company do I need to submit supplement-J or just wait for USCIS asking for it. Any help is highly appreciated.
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:
- 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.
- 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.