Application Status

[Wizoz2]

Thanks would a photocopy of the letter lead to a denial?

Thanks , I got just got a note from the paralegal that he found my parcel and is sending it out to USCIS today. phew

[vedu]

Thanks would a photocopy of the letter lead to a denial?

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.

[vedu]

Thanks , I got just got a note from the paralegal that he found my parcel and is sending it out to USCIS today. phew

Well, that takes care of everything!

[Noesis]

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)

[Transformer]

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)

As it is clearly stated, you don’t need a 485J when 485 filed with a 140. You don’t need to worry but your attorney should have known this basic thing.

[Noesis]

As it is clearly stated, you don’t need a 485J when 485 filed with a 140. You don’t need to worry but your attorney should have known this basic thing.

Thank you Transformer. Just read it on uscis too (sure, some months late ��*♂️) but now I have a new thing to worry, “the attorney office”.!

[srimurthy]

Thank you Transformer. Just read it on uscis too (sure, some months late ��*♂️) but now I have a new thing to worry, ?the attorney office?.!

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!

[idliman]

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.

[immitrickz]

Smaller company information is good enough. Since it is LLC i am assuming that it has its own Legal, P/L and can show the revenues etc. Also, is your offer letter when you joined the job, is in the name of the smaller company.

Yes, the offer letter is by the smaller company.

[srimurthy]

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.

Thanks Idliman, the part is my PD is Sep/2010 and I was expecting the dates will be current in the coming bulletin for Final Action Dates. So not sure what this means and was thinking would get the EAD or so in a couple of months.

[Noesis]

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!

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.485J_USCIS.JPG

[seepz123]

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

[qesehmk]

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

Since - 485 is your own application - you should always receive a copy regardless whether you used somebody to represent you. You should register online for case status so that you receive emails and texts ASAP directly from USCIS.

[EB22010Dec]

Hello friends,

I am silent follower of this forum for the last decade. Finally today my i-485 status changed to " Card is being produced".

PD : 05/26/2010
EB2 INDIA
AOS submit date : 10/21/2020 [ submitted medicals and i-485j with the application]
receipt date : 11/25/2020
Receipt No : MSC219035XXX
i485j receipt date: 02/26/2021
Bio date : 03/24/2021
For me and my wife 485- status changed to " Card is being produced" : 05/04/2021.
No interview/ No EAD/AP

Thank you very much for the wealth of information this forum provided. All the best to every one who are waiting to be greened.

Thanks,

Are they canceling the interviews?
Shouldn't this person have had an interview ?

[srimurthy]

Are they canceling the interviews?
Shouldn't this person have had an interview ?

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.

[Transformer]

To my understanding interviews were never mandatory for for people who applied after 2017.

It’s actually the other way around. Interviews are not mandatory for people applied BEFORE 2017.

[Transformer]

Are they canceling the interviews?
Shouldn't this person have had an interview ?

That’s what we have been seeing as a new norm due to the pandemic. We have seen this consistently in EB1 and ROW EB2/3 approvals, though it is not their official position.

[Turbulent_Dragonfly]

That?s what we have been seeing as a new norm due to the pandemic. We have seen this consistently in EB1 and ROW EB2/3 approvals, though it is not their official position.

I got all excited when I received a USCIS alert. It was just my H1 renewal . Waiting to see if they will approve the I-485 sometime soon.

[mitul75]

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?

[idliman]

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.

[mitul75]

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.

You certainly are! Generally, as per data in Trackitt, things are painfully slow in TSC and they are still processing August/September 2009 cases for the most part. But your case was certainly a low hanging fruit and helps explain the quick turnaround.

[TheLureoftheGreen]

You certainly are! Generally, as per data in Trackitt, things are painfully slow in TSC and they are still processing August/September 2009 cases for the most part. But your case was certainly a low hanging fruit and helps explain the quick turnaround.

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!

[mitul75]

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.

[eb2jun2010]

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?


Thanks in advance!

[rsnake]

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?


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?