Job Portability - Supplement J

[imdeng]

Folks in AoS situation who have changed jobs - have you filed Supplement J for job portability? Is this something that needs to be filed whenever one changes job?

Also - the form says the new position needs to be a permanent one. I am a little freaked out about that as in my industry it is common to have time bound contracts - like 1 year contract at a time that is renewed at the end of the year for next year. Is this a problem?

[bookworm]

Folks in AoS situation who have changed jobs - have you filed Supplement J for job portability? Is this something that needs to be filed whenever one changes job?

Also - the form says the new position needs to be a permanent one. I am a little freaked out about that as in my industry it is common to have time bound contracts - like 1 year contract at a time that is renewed at the end of the year for next year. Is this a problem?

The test would be whether its an employer/employee relationship or a contractee/contractor relationship. Most states have at-will laws so none of the jobs are "permanent" in its classical definition. I am guessing that university contracts would fall within the permanent category as the contingency is based on budgetary considerations set by the state legislature rather than the need for the position which is driven by your university's needs.

[imdeng]

The test would be whether its an employer/employee relationship or a contractee/contractor relationship. Most states have at-will laws so none of the jobs are "permanent" in its classical definition. I am guessing that university contracts would fall within the permanent category as the contingency is based on budgetary considerations set by the state legislature rather than the need for the position which is driven by your university's needs.

Thanks bookworm. I figured as much. The word "permanent" has a different meaning in this context than the traditional usage.

[nbk1976]

Thanks bookworm. I figured as much. The word "permanent" has a different meaning in this context than the traditional usage.

I am faculty myself (non-tenured), and I have yearly contracts. But the renewal depends on job performance and perhaps (less of an issue) on state budget. If you are hired on a temporary non-renewable contract then it may not fit the definition since the end date of the JOB (not just of the contract) is clearly stated in the contract.

My attorney advises that even adjunct faculty position is sufficient to satisfy the CIS. If you can demonstrate that you are working at least 30 hors per week, and you have established a history of working that way, that is enough to satisfy the CIS.

He mentioned a client of his was a temp school teacher who taught for a few hours at 4 different schools every week; she got the green card, even though she worked 4 PART-TIME jobs, but totaling 30 hours/week, and that she was doing so for many years--which established indefiniteness of the job end date.

CIS wants to know if the job is similar, and whether you are doing this at least for 30 hours/week, and whether this job will continue indefinitely.

[bookworm]

Thanks bookworm. I figured as much. The word "permanent" has a different meaning in this context than the traditional usage.

Sorry if my reply sounded snarky. All i was trying to get to was that the intent of the process is to make sure that you will have a relatively full time employment Vs a temp job that may be a drag on govt resources (since we are all in the eb category). As someone correctly pointed out if there is a history of renewals that should assuage any concerns they have.

Though this doesnt help in any way in deciding whether to file on each contract renewal or not.

[imdeng]

Thanks nbk for the informative reply.

[imdeng]

It did not sound snarky at all - it was informative and I appreciate your responding to my post.

Sorry if my reply sounded snarky. All i was trying to get to was that the intent of the process is to make sure that you will have a relatively full time employment Vs a temp job that may be a drag on govt resources (since we are all in the eb category). As someone correctly pointed out if there is a history of renewals that should assuage any concerns they have.

Though this doesnt help in any way in deciding whether to file on each contract renewal or not.

[nbk1976]

Thanks nbk for the informative reply.

You are welcome. Also, regarding the I-485 supplement form J: my lawyer says that form J merely formalizes what the CIS expects when changing employers. He advises to submit the form when (or if) an RFE is raised requesting that information, and until then not to send the CIS anything.

Of course, there are other lawyers who are uncomfortable with that, and might want to proactively file the form as soon as their clients change employers. Also, filing form J proactively may be prudent if the job title/roles are not very alike as the original job, e.g. a programmer becoming an IT business analyst--there may be many overlapping duties that will be enough to satisfy the CIS. For peace of mind, the new employer and the employee might want to seek the "blessings" of the CIS before going forward.

I moved from one college to another, teach the same courses, have the same job title, and near exact pay. I was not worried about the CIS not approving the change. Since my lawyer is well experienced, I deferred to his judgement and I am comfortable with his advice.

I suspect you are in a similar situation being in the academia. You needn't worry at all.

[imdeng]

Thanks nbk.

I am going to sit tight and wait for the inevitable RFE. Going by the pace at which PD is advancing - that day might not come for 2-3 years anyway!

[prakashtolani]

Hi,


I need some advice on my RFE. Hope someone can give me an right answer as looks like lot of people must have encounterted this . My GC was filed in EB 3 category ( 2005 ) . I have changed employer as my employer no longer exists but i have been working on EAD from 2010 . Now I got an RFE for I485- Supplement J to be signed by new employer. So my deliemma is my i-140 was filed under " Programmer Anaylst " and now I am an Lead IT Quality Anaylst . I am not sure what to do , should I request to my current HR to change my position or should I change the request my HR to change duties (it should be same or similar situation).


Appreciate your help.


Thanks