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Question About Differences Between Two Important New Changes To 485 Process

Discussion in 'General discussion about executive action' started by Rjv, Mar 21, 2016.

  1. Rjv

    Rjv New Member

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    Hi Ron,
    Lately I been watching closely about 2 new proposed changes which are to be implemented to 485 Process.


    1) Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j)
    Job Portability - This policy memorandum goes into action from today - 03/21/2016.
    Link - https://www.uscis.gov/sites/default...r_Similar_Policy_Final_Memorandum_3-18-16.pdf

    2) Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
    Link - www.reginfo.gov/public/do/DownloadDocument?objectID=60341200


    As far as we know, "Same or Similar" job rule has been approved and in affect from today.

    Question is
    Does that also mean it includes the proposed changes of "Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)"
    or we have to wait to see new memorandum released for changes related to ?? - Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)

    As my 485 Pending, just curious to know if the Supplement J is required when my 485 was already applied before this rule was affect ?
    Will all 485 pending applicants get RFE once final draft of Supplement J rule is released or implemented ?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The new policy is now in effect. Form I-485J is only required when the USCIS asks for it - usually as they are preparing to make a final decision.
     
  3. Rjv

    Rjv New Member

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    Thanks Ron,
    So far they have not released final form for 485J officially yet, so assuming they are working on that RegInfo ? Even google doesnt give results for 485 Supp. J form except the draft version

    Or do you think this 485J is being implemented now as we speak ?

    When I applied for 485, I only submitted Employment Verification Letter.
    But as per this New 485J draft since my 485 is not applied along with 140 and my 140 is approved a year earlier, am I going to look forward for RFE ?

    The difference between my 140 approval and time I submitted 485 (Non-Concurrent) is around 1 year.
    Starting from my H1B, 140 through 485 I stayed with Sample employer in same position
     
  4. coolwizard

    coolwizard Junior Member

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    Hello Ron, what is your opinion on the same\similar memo ? It looks like lateral job changes say for instance from Software Engineer to Software QA engineer will not be possible anymore based on the very restrictive interpretation based on the broad SOC code aka the First 6 digits of SOC.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This new policy is little different from what they came up with about eight years ago. If anything, this is a bit more liberal. I want to wait and see how it is implemented before taking a position.
     
  6. Kaustav Sengupta

    Kaustav Sengupta Member

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    Hi @Ron Gotcher ,
    If an RFE is raised on pending 485 for employment verification, and doesn't specifically mention for Supplement J form can we do away with it and respond in the old way?
     
  7. Kaustav Sengupta

    Kaustav Sengupta Member

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    Hi @Ron Gotcher

    Isn't it the USCIS memo clarified with examples that a developer to a manger will be treated in "same or similar" job classification if he manages team or individual who are similar to the position which this manager was when perm was filed?
     
  8. Kaustav Sengupta

    Kaustav Sengupta Member

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    @Ron Gotcher , The Supplement J form is not officially released. Is this the only official way to report AC21 portability going forward? Does the filing of Supplement J for AC21 portability is still optional after job change and applicant can wait until RFE is raised?
     
  9. reddy1000

    reddy1000 New Member

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    @Kaustav Sengupta I have the same question is supplement j optional or mandatory. Can we wait until we get a rfe to file it? Do you have any information on this?
     
  10. Kaustav Sengupta

    Kaustav Sengupta Member

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    Reporting AC21 portability is still optional. You can wait to report AC21 portability using Supplment J once you have received RFE on your 485
     
    reddy1000 likes this.
  11. reddy1000

    reddy1000 New Member

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    Thank you for replying back
     

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