Anduy F
Aug 19, 2024
I-485 Application
RFE
Dear Lawfully Fam!!! Here I am again asking you for you input base on my situation. I just received a RFE from uscis for my form I-485 that I filed about two months where I was current at the time but not I am not current. my PD is July 2022, However, the RFE I am being asked is that to SUBMIT A PROPERLY COMPLETED AND SIGNED SUPPLEMENT J. This puts me in a deap reflection. The company started the process way back August 2021 but, unfortunately I was holding a tourist visa where I was not able to work. a year after the process started I got status under TPS (Temporary Protected Status) , which gave me access to a work permit. when I got my work permit the company requested me to start working for them but under different role compared to the Job title that base on my EB application. Also, the company name has changed since they merged with a different company so when I was filing my I-485 two months ago I filed the form according to my current status like if I am working and what kind job that I am doing….
Now my fear is this, because they requested Supplement J that makes me feel like they probably think I am with a different company since. I don’t know if I need to explain all that in a letter to send along with the Supplement J form or what should be a best way to do this. Please any thoughts would be greatly appreciated. Thank you!
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Lawfully UserAug 19, 2024
I485J is used for either confirmation of a valid job offer, or for job portability. In your case, it sounds to me like they just want to confirm that the job offer and the position you applied eb3 under is valid and still exists. I suggest include job offer/confirmation letter from the employer and also have them explain about the name change. I think your TPS ead and the other position is irrelevant, since EB3s are for a future opportunity, you're technically not required to work that job until you get the GC. Of course consult a lawyer. Good luck!
MD KashifAug 19, 2024
I think it's to confirm if you are still with the company or the offer is still available and valid. in my observation, it is usually asked if the case is been in process for sometime.
Anduy FAug 19, 2024
@Lawfully User You explanation is very helpful. Thank you 🙏🏾
Anduy FAug 19, 2024
Below is the letter from uscis:
REQUEST FOR EVIDENCE
You are receiving this notice because U.S. Citizenship and Immigration Services (USCIS) requires additional evidence to process your Form I-485, Application to Register Permanent Residence or Adjust Status, filed on June 12, 2024 under section 245 of the Immigration and Nationality Ast (INA) based on being the beneficiary of a employment-based immigrant petition. Please read this leiter carefully, follow all of the instructions, and provide the requested evidence and information in order for us to make a final decision on your case. Include duplicate copies if you are requesting consular notification.
What You Need to Do
You must provide the following information in order for us to make a final decision on your case:
Submit a properly completed and signed Supplement J. The record establishes that you are the principal applicant of an employment-based Form I-485, Application to Register Fermanent Residence or Adjust Status. In order to continue processing of your case, you must submit & properly co npleted and signed Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(), showing that the offer of intended permanent employment as stated in the Form
1-140, Immigrant Petition for Alien Worker, continues to exist or that you intend to port to a new offer of employment in the same or similar occupational classification as the job specified in the underlying Form I-140.
Your response must be received in this office by September 16, 2024.
Please note that you have been allotted the maximum period allowed for responcing to a Request for Evidence (RFE). The time period for responding cannot be extended. See, Title 8, Code of Federal Regulations (8 CFR), section 103.2(b)(8)(iv). Because many immigration benefits are time sensitive, you are encouraged to respond to this request as early as possible, but no later than the deadline provided. If you do not respond to this notice within the allotted time, your case may be denied. The regulations do not provide for an extension of time to submit the requested evidence.
You must either mail the requested information to the address shown below or scan and upload your response using your USCIS online account (if applicable). You must submit the requested information
