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How to know if I-485J needs to be filled and submitted

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  • How to know if I-485J needs to be filled and submitted

    Hi All,


    We received adjustment of status notice for testing and interview a few days ago with I-140 approved. We submitted both I-140 and I-485 at the same time on November 2017 and also applied for EAD card that we already received. This is employment base petition for my wife and I am her dependent. We did not get any RFE, notice or even in this interview letter anything regarding submitting o having to fill I-485J which is Supplement J, Confirmation of Bona Fide Job Offer. Even online in our account there is no pending status for submitting I-485J or anything regarding that. My question is do we really need to file I-485J regardless or we only need to submit that if we are asked to? Please refer to the notes below from Instructions for Supplement J, Confirmation of Bona Fide that I downloaded from USCIS website. Per this instruction and the fact that we did not receive any request from USCIS , we do not need to submit I-485J. Please correct me if I am wrong. Thanks in advance.


    Who May File Supplement J?
    Unless you are filing Form I-485 together with Form I-140 that names you as the principal beneficiary, you must file Supplement J at the time you file your Form I-485 to confirm that the job offered to you in the underlying Form I-140 is
    still bona fide and available to you. USCIS may request that you file Supplement J again prior to final processing of your Form I-485. You also must file Supplement J to request job portability to a new, permanent job offer under INA section 204(j). To do
    so, you must have a properly filed Form I-485 that:
    1. Has been pending with USCIS for 180 days or more since the receipt date; and
    2. Is based on an approved or pending Form I-140 that names you as the principal beneficiary

  • #2
    If it is NIW I would suggest to fill a J and to provide if the IO asks you.
    Given that you submitted 140+485 togather they did not ask for supp J.

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    • #3
      Originally posted by Usform007 View Post
      If it is NIW I would suggest to fill a J and to provide if the IO asks you.
      Given that you submitted 140+485 togather they did not ask for supp J.
      Thanks for your notes but no this was not NIW.

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      • #4
        Originally posted by hadook View Post
        Thanks for your notes but no this was not NIW.
        Unless is eb1, I think you need to bring a j supp

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        • #5
          The instructions state that you don't need to submit J if you file I140 and I485 concurrently. They also state that you don't need to submit if you are filing EB2 NIW which is why I didn't send it. I got an RFE. Explained why I couldn't send it (self petition, no job offer necessary for I-140). Got an immediate denial. So, if they ask for it in an RFE, be prepared to send it in.

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          • #6
            Originally posted by Sherbs View Post
            The instructions state that you don't need to submit J if you file I140 and I485 concurrently. They also state that you don't need to submit if you are filing EB2 NIW which is why I didn't send it. I got an RFE. Explained why I couldn't send it (self petition, no job offer necessary for I-140). Got an immediate denial. So, if they ask for it in an RFE, be prepared to send it in.
            After how many days did you Supp J got approved? I received an RFE post interview for Supp J and have not heard back as yet

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