1. Regarding I-485J on porting
A reader asked:
I got the I-140 approval for EB-3 from my previous employer, and I changed jobs to my current employer after more than 180 days. After my priority expired, my current employer applied for both the I-485 and I-140, and I-140 approved, but there was no progress on the I-485 after more than 180 days. Now, I suddenly received an RFE, which required I-485j, fingerprints, and medical examination which I already submitted before. What should I do in this situation? If I submit the 485j, will the overall I-485 processing be delayed? Does the I-485j also need approval?
Alan Lee, Esq. answers,
Under immigration rules, where there is an EB-3 I-140 approval from a previous employer which has not been revoked within 180 days, the beneficiary can move to another employer that would go through the labor certification and/or petition process again, picking up the old priority date with the new I-140 approval. I assume from what you said that that is what is being done in your case as you say that the second employer has filed and had approved a new I-140 petition. You also say that the I-140 and I-485 were filed together. If so, the I-485 J request sounds inappropriate, and your attorney or legal representative should so state to USCIS in the RFE response. An I-485J would seemingly only be necessary and must be approved where there is a second employer and an attempt to have the immigration case approved on the basis of switching to the same or similar occupation without taking any other steps such as obtaining a new labor certification or immigrant visa petition. The rule on porting where there is no new labor certification or I-140 petition is that an I-485J application for the new job after I-485 filing should be submitted for the same or similar occupation where the I-140 has been approved and at least 180 days have passed after the filing of the I-485 application.
2. An I-485 application should be filed with full documentation, including form DS-2019
A reader asked:
I must submit I-485 immediately, but found that I could not find my DS-2019 from ten years ago. Ten years ago, I entered the United States as a J-1, stayed for five months, and then returned to my home country for two years. The two-year residency requirement was implemented, so I should not need a J-1 waiver. More than two years later, I entered the United States as an F-1 and am currently on OPT. I am now filing I-485 with the principal applicant, but I found that I could not find the DS-2019 form. I contacted the school I exchanged with before, but no one was working. So I want to ask, will there be any critical issues if I do not attach the DS-2019 to the I-485 initial filling? I consulted a lawyer, and the reply was that I can file without the DS-2019. USCIS may or may not issue an RFE, because this document is ten years old. What I can do is: I can ask the school official first to see if I can find a copy. If you don’t have it, you can write a declaration to indicate that you can’t find your DS-2019. Then, submit your previous J-1 visa to show that you followed the two-year rule. Is that a problem?
Alan Lee, Esq. answers,
USCIS expects that an I-485 application will be filed with full documentation, including form DS-2019. Your plan is to ask the school official for a copy and, if such cannot be found, write an explanation as to why it is not available and what efforts you have made. You should also submit your old J-1 visa and proof that you returned to your home country for two years. I cannot tell you that this approach will work without receiving a request for information, but it sounds reasonable.
3. 80% of the EB-1A petitions submitted are taking 12-14 months to process
A reader asked:
My major is computer artificial intelligence, with more than 10,000 citations and various journal editors and reviewers, and many award-winning papers. I applied for outstanding talent, EB-1A submitted in March this year, and received a receipt, but then nothing happened. I have been waiting until now, and I saw on the Internet that some people were approved in a few days or one or two months. Please tell me, what is my situation?
Alan Lee, Esq. answers,
According to the published processing times of USCIS, 80% of the EB-1A petitions submitted to either processing center handling these petitions are taking a year and more – the Nebraska Service Center 12 ½ months and the Texas Service Center 14 months. The process can be speeded up by submitting the petition with or even submitting after the petition is filed Form I-907 Request for Premium Processing with additional filing fee of $2805 under which USCIS will reach the petition for adjudication within 15 business days. During that time, the agency will either approve, deny, or issue a Request for Evidence or Notice of Intent to Deny.