File Supplement J proactively after 180 days, Murthy attorneys say
Key Takeaways
- If your employment-based I-485 has been pending 180 days or more, it is advisable to proactively file Form I-485 Supplement J to request AC21 portability.
- USCIS (U.S. Citizenship and Immigration Services) does not always issue an RFE (Request for Evidence) for job-portability documentation, so waiting can create risk.
- Supplement J confirms a bona fide job offer and helps show the new job is the same or similar; portability requires an underlying I-140 or qualifying immigrant petition.
- Filing Supplement J early protects career mobility but does not remove the legal requirement that the new position be same/similar in occupational classification.
What AC21 portability is and why 180 days matters
The American Competitiveness in the Twenty-First Century Act (AC21) lets employment-based adjustment applicants change employers if the applicant’s Form I-485 (Application to Register Permanent Residence or Adjust Status) has been pending for at least 180 days and the new job is in the same or a similar occupational classification. The I-485 is the adjustment application; the I-140 is the underlying immigrant petition (often filed by the employer). Supplement J (Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA §204(j)) is the form USCIS uses to confirm the new employer’s job offer when portability is invoked.
Why you should file Supplement J proactively
It has been reported that Sheela Murthy and other senior attorneys advise sending Supplement J proactively because USCIS will not necessarily issue an RFE to request the evidence. If you wait and USCIS does not request the documentation, adjudicators may lack the proof they need to confirm portability and could issue an adverse decision or delay resolution. Proactive filing gives USCIS the paper trail up front: your I-485 receipt notice, I-140 approval or evidence of a qualifying petition, a signed Supplement J from the new employer, and a job offer letter explaining duties and title to support a same-or-similar analysis.
Practical steps and the human impact
Practical steps: prepare a cover letter explaining that the I-485 has been pending 180+ days, include copies of the I-485 receipt(s) and I-140 notice, a signed Supplement J from the new employer, and documentation showing the new role’s duties and title. Send materials to the service center handling your case or follow USCIS guidance for supplemental evidence submissions; consider counsel review. For immigrants, the consequence is tangible: proactive filing preserves mobility, reduces the chance of an unexpected denial, and supports career progression. But be aware—if the new role is not same or similar, portability won’t protect the case, so confirming occupational alignment with an attorney is wise.
Source: Original Article