Supplement J

Use Supplement J to:

Confirm that the job offered to you in Form I-140, Petition for Alien Worker, remains a bona fide job offer that you intend to accept once your Form I 485, Application to Register Permanent Residence or Adjust Status, is approved. Beginning Jan. 17, 2017, if you are filing or have previously filed Form I-485 based on being the principal beneficiary of a valid Form I-140 in an employment-based immigrant visa category that requires a job offer, you will need to file Supplement J instead of submitting a job offer letter;

Request job portability under INA section 204(j) to a new, full-time, permanent job offer that you intend to accept once your Form I-485 is approved. This new job offer must be in the same or a similar occupational classification as the job offered to you in the Form I-140 that is the basis of your Form I-485. (For more information about how USCIS determines which jobs are same or similar please see PM-602-0122 (PDF, 205 KB): Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability (March 18, 2016 ))

Recording of September 01, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

FAQ: What is the meaning of a US “visa canceled without prejudice”? || I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140? || What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S? || H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

Can we file more than one AC21 portability Supplement J if we continue changing employers?

2 years ago By Chief Editor

Question details

I have a question regarding the AC21 180 days rule. My I-485 Green Card was approved under EB2 category in March 2022. I changed my employer in October 2021 but my new employer filed AC21 I-485j only in February 2022 when my PD got current. When can I change jobs if I get a better offer? Do I need to work for 180 days with this employer since I-485j filing date?
In total, I have worked for 9 months for this employer (5 months before filing AC21 and 4 months after GC approval).

FAQ Transcript

There is no limit on how many times you can change employers on AC21 portability and there is no requirement that you must work for an employer for 180 days.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

I-485 interfiling to use EB-2 instead of EB-3 with a new employer

2 years ago By Chief Editor

Question details

I'm an Indian national living in the USA.

1) Employer A filed I-140 (EB2) which got approved with a PD: AUG-2014.
2) I switched jobs from A to Employer B.
2. a) Employer B concurrently filed I-140(EB3) and I-485/765/131. This wasn't a downgrade from EB2 to EB3. This I-140 also got approved and able to port PD: AUG-2014. Also I-765/131 got approved. But I never used them.
3)I switched jobs from B to Employer C.
3. a) Employer C only filed H1B and I-485J.

Currently, with Employer C and my EB2 final action date became current(As per the June visa bulletin). Now I technically have tw
o approved 140s(One in EB2 and the other in EB3)

Questions:
1) Can employer C do a I-485 interfiling to use I-140 (EB2) instead EB3?
2) Since my PD became current in EB2, What would be the best option for me so that I get my 485 adjudicated sooner and get the GC.

FAQ Transcript

1. The reply is “No”. They cannot because employer B’s EB-3 was inherited by employer C, and you never filed a I-485 so that cannot be used.

2. Either go back to the first employer if they have a job offer. You can actually apply for a I485 without joining but this should be discussed with your lawyers in detail. Hence you could file for a I-485 based upon the job offer and I-140 which was approved through employer A but if you want to stick with employer C either you stick with EB-3 or you start another PERM application through them for your EB-2 categorization.

May 12, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, May 12, 2022

April 28, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, April 28, 2022:

April 14, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, April 14, 2022:

FAQ: GC-EAD applicant holding multiple jobs and starting own business

Oct 14, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, October 14, 2021:

FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

Retaining valid H-1B status while AOS is pending and when to file Supplement J

3 years ago By Chief Editor

Question details

1) Most attorneys don't recommend to abandon H1B status while AOS is pending.
What are the chances of AOS denial for someone who has had a clean history and is a law abiding alien living in the US waiting for AOS?
2) What are your thoughts about the timing of filing I-485 J? Upon job change, should it be filed proactively or wait for RFE Won't it delay the AOS adjudication if it's not filed proactively?

FAQ Transcript

I do not think you should let your H-1B or even L-1 lapse just because you have a I-485 pending. There are times when things go wrong with the I-485. So it's such an easy thing to maintain your H-1B.

As far as the I-485 J is concerned, I personally feel that the Adjustment Of Status Supplement J should be filed as quickly as possible as it will give you an additional protection. More...

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Aug 19, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Immigration Law

Forms

Green Card

FAQ: EB-3 petition downgrade; CSPA protection for 21 year old son I-485 Green Card final interview process/questions asked, etc. Retaining valid H-1B status while AOS is pending and when to file Supplement J

05 August 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Immigration Law

Green Card

Discussion Topics, Thursday, August 05, 2021:

FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.

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