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
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
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