I-485 Supplement J and the AC-21 Portability Process

I-485 Supplement J and the AC-21 Portability Process

The purpose of I-485 Supplement J is to provide a confirmation of the bona fide job offer (during initial I-485 filing) or to inform USCIS in I-485 porting cases under AC-21 (for pending I-485 cases).

Form I-485 Supplement J is a requirement for:

(a) all new I-485 filings where it is used to confirm that the job offered in the underlying I-140 immigrant petition (pending or approved) is still valid and offered to the beneficiary or

(b) all requests for AC21 portability of pending I-485 applications where the beneficiary wishes to transfer their pending I-485 to a new employer or job which is “same or similar”

New I-485 Applications.

I-485 Supplement J is required for all new I-485 adjustment of status applications based on an approved or pending I-140 immigrant petition.

Exceptions:   Supplement J is not required when filing I-140 concurrently with the I-485 adjustment of status application(s).

Also,  Supplement J is not required for I-485 filings based on EB-2 I-140 national interest waiver (NIW) or EB-1 extraordinary ability.  NOTE: USCIS has (erroneously) issued RFEs for a Supplement J for cases that are exempt from the filing.

If this occurs, you should still to provide the Supplement J in response to their request.

i.  I-485 Porting to a New Employer or Job Under AC21.   I-485 Supplement J is also used (and required) in cases where a pending I-485 adjustment of status application is being ported to a new employer or job under the portability provisions of AC21 which essentially requires the new position be “same or similar.”

ii.  I-485 RFE or NOID.  In cases where I-485 Supplement J was not provided initially or in cases where the AC21 porting notification was not submitted to USCIS at the time of job change, USCIS will likely issue an RFE or notice of intent to deny (NOID) with a request for an updated Supplement J (and other requested items) before the I-485 can be approved.

-------------------------------------------------------------------------------------- Disclaimer We do not provide legal advice from this web site. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

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