I-485 Supplement J

[kdm1985]

Hi ,

Mu Wife and I filed AOS in Oct 2020 (wife is the primary applicant). Received Medical RFE few days back. So we are in the last stretch before the final adjudication of the I-485 petition
Wife changed her job after 180 days of AOS receipt date (after EAD was received) and as we understand there is a need to file the supplement J (I-485J) to since the new job is in similar/same role as the underlying role in the I-485 petition (allowable by law)

Question

1) Supplement J asks for some basic new employer information. What supporting new employer documentation (P&L, Balance sheet, tax documents, etc) should be attached along with the filing of supplement J to USCIS?. The reason I ask is that within the instructions of I-485J , it asks to only attach the copy of I-797

2) We have an attorney who has helped us throughout but can I still file the Supplement J to USCIS on my own without the help of the lawyer? if yes, Is there a downside


Thanks

[rkk09]

Hi,
Please see my response below.
1. Below is supplement J instruction to add the evidence.
. If you are filing Supplement J to request job portability under INA section 204(j), you, the applicant, must complete Parts 1., 2., 3., and 4., and the employer offering a new permanent job must complete Parts 5., 6., 7., and 8. In addition, you must submit the following documents with Supplement J:

A. A copy of Form I-797, Notice of Action, establishing the receipt date and acceptance of your Form I-485 under INA section 245, which shows that your Form I-485 has been pending for 180 days or more. If you do not have such documentation, USCIS will review the electronic record for the Form I-485 receipt number provided in Part 2. of Supplement J and/or any other USCIS records for evidence that you have filed a Form I-485 that has remained pending for 180 days or more; and

B. If available, a copy of Form I-797 showing that you are the principal beneficiary of an approved or still pending Form I-140. If you do not have such documentation, USCIS will review the electronic record for the Form I-140 receipt number provided in Part 2. of Supplement J and/or any other USCIS records for evidence that you are the principal beneficiary of an approved or still pending Form I-140.

NOTE: If you do not have the evidence listed in Items A. or B. above, you may provide information on Supplement J or other secondary evidence to demonstrate that you have filed Form I-485 which has been pending for 180 days or more since the receipt date, and that you are the principal beneficiary of an approved or still pending Form I-140. Failure to provide the evidence listed above or secondary evidence may result in delayed processing or denial of your request for job portability.

NOTE: USCIS will review Supplement J in assessing whether the new job offer is in the same or a similar occupational classification as the job in the underlying Form I-140. The applicant and/or employer may submit any other evidence that is relevant in showing the new job is in the same or a similar occupational classification as the job specified in Form I-140.

As per this, for now you will need to include receipt notice.. If anything additionally required, USCIS may issue RFE to request.

2. Its better to have Attorney for even this time. So that they can properly complete the form and guide you well.
Thanks