Q: Question about 485J:
Current Status of the Employee:
The employee holds an I-485 EAD, and their I-485 has been pending for over 180 days, with a priority date of July 2013. They have approved I-140s for both EB2 and EB3. Initially, they filed under EB2, downgraded to EB3 for the I-485, and then interfiled with a 485J to return to EB2. The 485J has been approved for over 180 days.
New Situation:
The employee wants to join a new company, but the company cannot provide a 485J now or in the future. Despite this, the employee is interested in the offer but cannot file the 485J independently.
Questions:
Can the employee join the new job (assuming it’s the same or similar) without filing a 485J?
If an RFE arises when the priority date becomes current, can they file a 485J with a different employer while staying with the current employer?
Is there an alternative to the 485J, like an employment letter? What are the risks?
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A:
Yes, you can join the new company, assuming the job is in the same or a similar role, even if the company cannot provide a new 485J. Since your I-485 has been pending for over 180 days and your previous 485J has been approved, you are not necessarily required to submit a new 485J immediately upon joining a new employer.
However, if you receive a Request for Evidence (RFE) when your priority date becomes current, you would need to provide evidence that you are working in a similar role. At that time, a 485J from a different employer can be submitted, even if you’ve remained with your current employer until then.
If a 485J isn’t available, an employment letter can serve as an alternative to confirm that you’re working in a same or similar occupation. The risk, however, is that USCIS may request a 485J in the future or may question the authenticity of the employment letter, which could delay your case. It's important to ensure that your role aligns with the requirements set by USCIS.
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