zz Update on I-485 Supplement J Filings# EB23 - 劳工卡
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摘要：
* 总结了J表的两种用途：I-485 or AC21
* 解释了是否会有receipt：只有AC21有
* 提到J表的处理时间：receipt date后120天
https://www.murthy.com/2017/04/17/update-on-i-485-supplement-j-filings/
As of January 17, 2017, the U.S. Citizenship and Immigration Services (USCIS
) requires most new employment-based I-485 adjustment of status applications
to be accompanied by an I-485 supplement J. Supplement J may also be
submitted to request that the USCIS port a pending I-485 to another same or
similar job offer, pursuant to the American Competitiveness in the Twenty
First Century Act (AC21). Given that supplement J is a relatively new
requirement, it may prove beneficial for stakeholders to understand how the
USCIS processes the document once it is submitted by an applicant.
Supplement J Filed in Two Situations
As discussed in the MurthyDotCom NewsBrief, New I-485 Supplement Required
for Many Employment-Based Cases (13.Feb.2017), there are two situations in
which I-485 supplement J must be filed:
It must be filed concurrently with form I-485 if based on a pending or
approved form I-140, unless the I-140 is requesting a national interest
waiver (NIW), or if the I-140 is under the employment-based, first
preference (EB1) extraordinary ability category.
If the foreign national has a pending I-485 and qualifies for AC21 job
portability, supplement J must be submitted to the USCIS to request that the
I-485 application be approved on the basis of a change to a “same or
similar” position. In this scenario, the applicant may elect to file the
supplement J upon the employment change; or, the applicant may wait to
submit the supplement J until the USCIS issues a request for evidence (RFE)
or notice of intent to deny (NOID).
No Separate Receipt Notice for Supplement J When Filed Concurrently with I-
485
If supplement J is filed concurrently with the I-485, the USCIS will simply
issue a receipt notice for the I-485. No separate receipt will be issued for
the supplement J. Similarly, the supplement J in this scenario is not
adjudicated separately from the I-485. So, an approval or denial notice will
be sent by the USCIS for the I-485 once the application is adjudicated. But
, no separate approval or denial is issued for the supplement J.
Notices Issued if Submitted for AC21 Purposes
On the other hand, if supplement J is submitted for AC21 purposes regarding
a change in employment, the USCIS will issue a receipt notice to confirm
receipt of the supplement. The USCIS will then adjudicate the form, and then
either issue an approval or denial on the AC21 request. Per USCIS
instructions, an applicant who files supplement J to request job portability
should wait at least 120 days from the date the receipt notice is issued
before following up with the USCIS on the status of the filing.
Conclusion
The supplement J requirement may be an added burden, but it offers some
protections for those benefiting from the job portability provisions of AC21
. The benefit lies in one’s ability to obtain a decision on the portability
request, when previously there was no USCIS confirmation or decision on the
AC21 portability request until adjudication of the I-485.
Copyright © 2017, MURTHY LAW FIRM. All Rights Reserved
* 总结了J表的两种用途：I-485 or AC21
* 解释了是否会有receipt：只有AC21有
* 提到J表的处理时间：receipt date后120天
https://www.murthy.com/2017/04/17/update-on-i-485-supplement-j-filings/
As of January 17, 2017, the U.S. Citizenship and Immigration Services (USCIS
) requires most new employment-based I-485 adjustment of status applications
to be accompanied by an I-485 supplement J. Supplement J may also be
submitted to request that the USCIS port a pending I-485 to another same or
similar job offer, pursuant to the American Competitiveness in the Twenty
First Century Act (AC21). Given that supplement J is a relatively new
requirement, it may prove beneficial for stakeholders to understand how the
USCIS processes the document once it is submitted by an applicant.
Supplement J Filed in Two Situations
As discussed in the MurthyDotCom NewsBrief, New I-485 Supplement Required
for Many Employment-Based Cases (13.Feb.2017), there are two situations in
which I-485 supplement J must be filed:
It must be filed concurrently with form I-485 if based on a pending or
approved form I-140, unless the I-140 is requesting a national interest
waiver (NIW), or if the I-140 is under the employment-based, first
preference (EB1) extraordinary ability category.
If the foreign national has a pending I-485 and qualifies for AC21 job
portability, supplement J must be submitted to the USCIS to request that the
I-485 application be approved on the basis of a change to a “same or
similar” position. In this scenario, the applicant may elect to file the
supplement J upon the employment change; or, the applicant may wait to
submit the supplement J until the USCIS issues a request for evidence (RFE)
or notice of intent to deny (NOID).
No Separate Receipt Notice for Supplement J When Filed Concurrently with I-
485
If supplement J is filed concurrently with the I-485, the USCIS will simply
issue a receipt notice for the I-485. No separate receipt will be issued for
the supplement J. Similarly, the supplement J in this scenario is not
adjudicated separately from the I-485. So, an approval or denial notice will
be sent by the USCIS for the I-485 once the application is adjudicated. But
, no separate approval or denial is issued for the supplement J.
Notices Issued if Submitted for AC21 Purposes
On the other hand, if supplement J is submitted for AC21 purposes regarding
a change in employment, the USCIS will issue a receipt notice to confirm
receipt of the supplement. The USCIS will then adjudicate the form, and then
either issue an approval or denial on the AC21 request. Per USCIS
instructions, an applicant who files supplement J to request job portability
should wait at least 120 days from the date the receipt notice is issued
before following up with the USCIS on the status of the filing.
Conclusion
The supplement J requirement may be an added burden, but it offers some
protections for those benefiting from the job portability provisions of AC21
. The benefit lies in one’s ability to obtain a decision on the portability
request, when previously there was no USCIS confirmation or decision on the
AC21 portability request until adjudication of the I-485.
Copyright © 2017, MURTHY LAW FIRM. All Rights Reserved
