|With Pending I-485 Application, File Supplement J for AC21 Job Portability|
I have a pending Form I-485 application, and now I want to change job for "AC21 job portability". Do I need to file Form I-485 supplement J to USCIS, to let them know that my I-485 application should be approved on the basis of a change to a “same or similar” position?
The U.S. Citizenship and Immigration Services (USCIS) now requires most new employment-based Form I-485 adjustment of status applications to be accompanied by an Form I-485 supplement J. There are two situations in which I-485 supplement J must be filed:
1) The supplement J must be filed concurrently with form I-485, if it is based on a pending or approved form I-140, unless the Form I-140 application is an EB1 Extraordinary Ability petiiton or a Eb2 National Interest Waiver (NIW) petition.
2) If an alien applicant has a pending Form I-485 application and qualifies for AC21 job portability, supplement J must be submitted to the USCIS to request that the Form I-485 application be approved on the basis of a change to a “same or similar” position. In this case, the alien applicant may file the supplement J upon the employment change.
If supplement J is filed concurrently with the I-485, the USCIS will simply issue a receipt notice for the I-485. No separate receipt will be issued for the supplement J.
If supplement J is submitted for AC21 purposes regarding a change in employment, the USCIS will issue a receipt notice to confirm receipt of the supplement. The USCIS will then adjudicate the form, and either issue an approval or denial on the AC21 request.
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