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can i apply I-485J supplement?

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marodesi

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I have my Labor and I-140 approved with my previous employer on EB2 with priority date May 2011 . I moved to new employer 6 months ago  and they started Labor.

I have the same job responsibilities and title.

If i apply I-485J with my current employer, can i skip Labor and I-140 steps and direct apply I-485?

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https://www.uscis.gov/i-485supj

 

Special Instructions

When to File Supplement J

If you are filing Form I-485 together with a Form I-140 that names you as the beneficiary, you do not need to file Supplement J.

If you are filing Form I-485 based on a previously filed Form I-140, you must file Supplement J when:

  • You initially file your employment-based Form I-485 with USCIS; or
  • We send you a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).

We may also request that you file Supplement J again before we make a final decision on your Form I-485.

If you are requesting job portability to a new, permanent job offer under INA section 204(j), you may file Supplement J only after:

  • You have properly filed a Form I-485 based on an approved or pending Form I-140 that names you as the beneficiary;
  • The Form I-485 has been pending with USCIS for 180 days or more since the receipt date; and
  • You have received:
    • A new, permanent job offer from a U.S. employer that is in the same or similar occupational classification as the job offered to you in the original Form I-140, and you would like to request that we use the new job offer when making a decision on your Form I-485; or
    • An RFE or a NOID from USCIS regarding your pending Form I-485 that asks for confirmation that the job offered to you in the Form I-140 or a previously filed Supplement J is still available to you; or
    • A NOID from USCIS regarding your Form I-485 because the petitioner has withdrawn the Form I-140 filed for you, or the petitioner of your Form I-140 has gone out of business.

Filing Tips

  • It is very important that you submit a completed Supplement J, especially including your information and your employer’s physical address. Submitting the form with incorrect addresses, such as using an attorney’s address instead of the employer’s physical address, or with missing information may result in us issuing you an RFE, which will delay the processing of your Form I-485.
  • Go to our Form Filing Tips page for information on how to help ensure that we will accept your application.

Track the Status of Your Supplement J

You will receive a receipt number if we accept your Supplement J. You can use this number to check the status of your form on our Case Status Online webpage.

You may call the USCIS Contact Center at 800-375-5283 for information on the status of your Supplement J under these circumstances:

If you filed Supplement J... You may contact the USCIS Contact Center...
Together with Form I-485 After the processing time shown on the USCIS Processing Time Information webpage has passed and you have not received a decision. You must provide the USCIS Contact Center with information from your Form I-485 receipt notice.
To request job portability After 120 days from the date shown on the Supplement J receipt notice.

 

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