@BL D I personally think it won’t impact the case. why don’t they wait until you receive RFE. you seem to be very close to adjudication.

@Ed’s Oigo. Their policy is that once the company entity changes then as per their attorney its a legal obligation on them to update any pending i-485j specific applications. It’s a big company so they follow the rules may be? what do you mean by until I receive RFE? RFE for change of entity? Btw how USCIS can find out that entity has changed if company won’t declare it?

@BL D it depends if the employment background check has been completed. if done before employer changes and everything, they probably won’t notice and you’ll be adjudicated, since you are close to adjudication my guess is it’s already done.

@BL D if you send it proactively, they won’t adjudicate your file until they do a second check to verify your details. that may remove your file from final adjudication queue and delay your case - this is hard to know by how long esp given the non deterministic nature of USCIS

apart from small delay, you case should be fine. and it seems you don’t control the process of when they send the updated 485 J.

@BL D USCIS may send RFE for medical + I-485J later. So then you will be able to send updated I-485J. You are good, nothing to worry about.

@Ed’s Og thank you for your reply. How can we find out if the employer background check is completed or not? Can Lawyer able to let me know that? Btw it’s been almost 7 months now since I applied under EB2 ROW. So technically I have one month until it might cause potential delay in my AOS application because employer is liable to update the I485j regarding entity name.

@Ed’s Og I am curious how long would be delay? As I have applied AP on humanitarian basis and need to travel in urgency. on top of that my h1b expiring too in a month.

@Me BHE why RFE for medical? I already submitted it with the AOS application. You mean nothing to worry about as in it won’t delay my AOS process? it’s been 7 months already, submitted under EB2-1 ROW. Place of birth Qatar

@BL D nobody knows apart from uscis themselves, definitely not the lawyer.

my best guess, if they have approved your EAD/AP that means your background did not have issues. but if not maybe yes or no. but that’s completely my opinion. they don’t have the habits of explaining their process.

My EAD and AP got approved. but for my dependents their AP is still pending. Btw, I request for expedite my AP application so they gave me AP approval on humanitarian basis.

@BL D Oh, if you already submitted everything you are good. No need to worry about anything. A time will come when USCIS may issue an RFE again for I-485J, just to make sure applicant still has a valid job. Then you can submit response to 485J RFE. It may happen or may not. Everyone suggests not to inter-file 485J, as it gets lost because USCIS may not attach it to your file.

@Me BHE thank you for your reply. What so you mean by Inter-file? I requested HR and Attorney ro delay it until end of october or November, bcz final switch is december 1st week. Do you think it’s good to delay it? or let the company and attorney to submit new 485j? Since I am already 7 months in for 485 application. I also going to apply for H-1B. renewal bcz it’s expiring in sept 30.

@BL D if you randomly submit any document to USCIS, that’s inter-file. USCIS may loose that document, and won’t be able to update your file. Similarly if you submit I-485J, that will be inter-file, and USCIS may not update the file. So later, in future, they may send RFE again requesting I-485J. Then again you can respond to that RFE with RFE notice attached to 485J. and It won’t hurt if you submit I-485J now. it’s 09/12 already, you must submit H-1B renewal asap.

@Me BHE thank you for your reply and details. Much appreciated! I-485j was already submitted with i-485 and other AP and AED forms. Gor H-1B, I am bit confused S my attorney saying that when I will apply H-1B renewal, then I must stay in US until i will receipt a receipt notice. that could take a month or so too, and renewal can take 4 to 6 months. if I travel with AP approval then my attorney said that your H-1B visa will be invalidated and once you are come back you will have to activate it once it’s approved and tou have to exit and come back to US on H1-B. so i am confused if i should do premium processing for H1-B or let it go regular and travel on AP and come back while H-1B is in process.

@BL D Go for Premium Processing for H-1B renewal, it will save you a lot time. if you use your Advanced Parole (AP), when you enter U.S back, that means you have abandoned your H-1B and you are using AP. If you apply in premium processing, you’ll get the approval within 15 days and you can easily go to consulate to get your new H-1B Stamped on your passport and enter U.S using H-1B. If you stay in U.S and wait for H-1B (normal processing) approval, you can still work until you get your approval. and if you apply for H-1B (normal processing), and travel abroad. You’ll have to wait for H-1B (4-6 months) approval, then you will travel using AP, then you’ll take approval notice and will visit the consulate for stamping of H-1B. Then you will be able to re-enter U.S using new H-1B.

@Me BHE thanks alot for your reply and explanation. finall I submitted my H1-B application today under premium processing through attorney, along with H-4 applications for my dependents. However, my depends’ passports are set to expire in less than two weeks. Will this pose a problem or potentially lead to an RFE (Request for Evidence) or rejection of the application? I will wait for the approval and the. travel but depends won’t be able to since their AP is not approved yet and passport is also expired that will take a month to get approved.

@BL D Surely, apply for passports renewal and if USCIS issue an RFE, you can show passport renewal application email/proof to USCIS. May be an RFE but certainly not a rejection. When I applied for H-1B renewal, I submitted passport renewal email for my dependent, as dependent’s passport was expiring in 2 months.

got it, thanks for the info, In my case I sent the mail to an embassy via FedEx for passport renewal and it will take 4 to 6 weeks. No email in my case. But I have a receipt for fedex package that i sent.