Reply Edit: EB3 숙련직 문호는 어찌될지 모르지만 신청 했을시 485J 관련 질문

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저도 간절한 사람이라 많이 알아봤습니다. 도움이 됐으면 좋겠네요.

Using the AC21 Portability Rule allows you to transition your EB3 green card process to a new employer if your I-485 has been pending for more than 180 days. Here’s what you and your new employer need to do:

1. Required Paperwork
You (the Applicant):
a, Form I-485 Supplement J (Confirmation of Bona Fide Job Offer or Request for Job Portability):
- This form notifies USCIS of your intention to use the AC21 Portability Rule.
- It confirms that your new job offer is in the "same or similar occupational classification" as your original job.
b. Supporting Documentation:
- A copy of your I-485 receipt notice.
- Evidence of your original job offer (e.g., I-140 approval notice, job description).
- Evidence of the new job offer (offer letter with job title, duties, and salary).

Your New Employer:
a. Employment Verification Letter:
- This letter should describe the job title, duties, and salary, and confirm that the role is permanent and full-time.
- Ensure that the job duties closely align with the occupational classification of your original I-140 petition.
b. Job Description:
- Include details showing that the new position is in the same or similar occupational classification as the original one. USCIS evaluates job similarity based on duties, required skills, and pay level.

2. Process
a. Complete Form I-485 Supplement J:
- The new employer provides details about the job, including the job description and salary.
- Submit the completed form to the USCIS office processing your I-485.
b. Submit Evidence:
- Attach the supporting documents listed above. If requested by USCIS, provide additional proof, such as pay stubs, to show the new role matches the original occupational classification.
c. USCIS Review:
- USCIS reviews the Supplement J and accompanying documentation to confirm the new job meets portability requirements.
If the evidence is sufficient, your green card application will proceed without needing a new I-140.

3. Timeline
a. Supplement J Processing Time: Typically 1-6 months, depending on USCIS workload.
b. Green Card Finalization: The I-485 continues processing under the new job offer. Your priority date must still be current based on the Final Action Dates chart.

*Tips for a Smooth Transition
a. Consult an Immigration Attorney: This ensures all documentation is accurate and aligns with USCIS expectations.
b. Notify USCIS Promptly: Any delay in filing Supplement J could raise questions about the validity of your green card application.
c. Keep Records: Maintain copies of all communication, job offers, and submissions.

QUESTION:
Is I-485 Supplementary J will delay my Green Card process? Is there any disadvantage or risk I might face or expect?

ANSWER:
Filing Form I-485 Supplement J to notify USCIS of your intent to port to a new employer under the AC21 Portability Rule does not inherently delay the green card process. However, there are potential challenges and risks to be aware of:

Impact on Processing Time
a. Possible Review Period: USCIS reviews the Supplement J to confirm that your new job is in the "same or similar occupational classification." This review typically happens concurrently with your I-485 processing, so it doesn’t usually cause significant delays. However, if USCIS requires additional evidence, it could extend the timeline by weeks or months.
b. Green Card Finalization Depends on PD: Regardless of Supplement J, your green card cannot be issued until your priority date (PD) is current in the Final Action Dates chart.

SUMMARY
While Supplement J generally does not delay the green card process significantly, there are risks such as job classification issues or RFEs. Taking proactive steps to align your new job with your original I-140 and ensuring documentation is thorough can minimize potential setbacks.

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