|Not Need to File Form I-485 Supplement J for Approved EB-1A and NIW Petitioner|
My Form I-140 petition in the EB-1A category has been approved, and I will file Form I-485 application to get my Green Card, do I need to file Form I-485 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.
If the alien applicant is filing Form I-485 application based on an approved or pending Form I-140 petition, the Form I-485 supplement J is generally required.
If the alien applicant having a pending I-485 application qualifies for AC-21 job portability, a supplement J must be submitted to the USCIS to request that the previously filed I-485 adjustment of status application be approved, on the basis of a change of employers or a new job with the same employer, if the new employment is considered a “a same or similar” position. Also, the supplement J may be filed proactively by the alien applicant at any time. Otherwise, prior to approving the I-485 application, the USCIS may issue a Request For Evidence (RFE) or Notice of Intent to Deny (NOID) to request an updated supplement J.
Supplement J must be filled out in its entirety, and must be signed in the original. The supplement requests information about the sponsoring employer and the proposed job. There is no filing fee for submitting a supplement J.
But the supplement J is not required in the following situations:
1) Form I-485 supplement J is not required, if the Form I-140 petition is being filed concurrently with the Form I-485
2) Form I-485 supplement J is not required, if the I-485 is being filed based on a National Interest Waiver (NIW) I-140 application;
3) Form I-485 supplement J is not required, if the I-485 is being filed based on a EB1 Extraordinary Ability (EB-1A) I-140 application.
Individuals seeking or granted a EB2 National Interest Waiver (EB2 NIW) of the job offer requirement, and individuals seeking or granted classification as an alien of EB1 Extraordinary Ability (EB-1A), do not need to file Supplement J. Because these employment-based immigrant visa categories are not tied to a specific job offer.
Also, individuals seeking or granted classification as an alien of EB1 Extraordinary Ability or seeking or granted a National Interest Waiver of the job offer requirement do not have to file Supplement J, when filing Form I-485 or to request job portability under AC-21 job portability.
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