Yes Harpreet , it is not mandatory to file Supp J when you change jobs. I have had Fragomen confirm that when I changed jobs .Originally Posted by harpreetbhatti
I485 Information, details and scenario playout
Yes Harpreet , it is not mandatory to file Supp J when you change jobs. I have had Fragomen confirm that when I changed jobs .
Hi ,
My application received on Oct 6th , still no update . Did your checks got deducted ? I am waiting for my checks to be deducted .
It's going to be some time before they start issuing receipt notices. It may be 3-4 weeks according to my attorney.
Premium Processing Fee Increase Effective Oct. 19, 2020
https://www.uscis.gov/news/premium-p...ve-oct-19-2020
This is very unfortunate.
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.
This is the first time I am hearing anything like this.
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 USCIS has no way of knowing if you are with the same employer , so you might get the the supplement J. Maybe those who got the RFEs recently can comment if they got both or just the Medicals. A couple of them mentioned that they only got the Medicals.
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.
Does the 180 day clock start from receipt date that they provide on the receipt notice? During times like these when they are taking a while to issue receipt notices, it might be important for some folks.
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)
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.
Last edited by idliman; 10-19-2020 at 01:49 PM.
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?
Good info, thanks! My attorney just received receipts for petitions submitted on Oct 1, so expecting mine in another week or so.
Which day your checks got cashed in by USCIS for the Oct 1 recieved date?
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.
Old P.D : 07/08/2008 (Lost), New P.D : 05/27/2010; I-485 RD: 10/19/2020; I-485 ND:11/07/2020; I-765/I-131 RD: 10/27/2020;EAD Approval 04/09/2021; I485 Interview held on: 08/09/2021; FO: Dallas; I-485 Approved: 08/20/2021; I-485 J Approved: 08/24/2021;
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."
Sorry, those were for other clients my attorney has. I waited to get my medicals done to submit along with the application. The desi doctor messed up the blood test so it took an additional week to submit the I-485 package.
Your question is very deep; Legalese is not my forte. For us there is only black and white. However in legalese there is grey and often many different shades of grey.
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