-
We will be watching this forum throughout Coronavirus/Covid emergencies to post information and to answer your questions about affected US immigration and visas:
https://forums.immigration.com/forums/visa-issues-during-coronavirus-covid-19-times.273/
I 485 filed. Employer change. RFE handling
- Thread starter saravananopt
- Start date
It depends on whether your adjustment application is employment-based or family-based, as well as your immigration category.
For an employment-based case, your adjustment petition will be adjudicated by a USCIS officer at a service center that handles applications from the state in which you currently live. (current employer)
For a family-based case, your adjustment petition will be adjudicated by a USCIS officer at a local office with jurisdiction over your place of residence.(new employers attorney)
For an employment-based case, your adjustment petition will be adjudicated by a USCIS officer at a service center that handles applications from the state in which you currently live. (current employer)
For a family-based case, your adjustment petition will be adjudicated by a USCIS officer at a local office with jurisdiction over your place of residence.(new employers attorney)
Thanks for your reply Emanuel. It was filed on employee based. This is probably a question to my current employers attorney, but typically if a attorney group files I 485 would they also take care of any follow ups on that like RFE etc..
At this stage of my processing, I don't know if there may be any additional support that may be needed.
At this stage of my processing, I don't know if there may be any additional support that may be needed.
@saravananopt
I-485 belongs to applicant which would be you & under AC21 you are allowed to switch to new employer after 180 day of I-485 filing while it remains pending, as long as new job from different employer is same or similar occupation. You might have to file I-485 Supplement J should USCIS send RFE & normally this much time pass by chances are quite high that you will get RFE, if current employer based on whose job you filed i-485 continues to exist or choose to port to new job at different employer.
I-485 RFE goes to attorney whoever was retained at time of initial filing.
I-485 belongs to applicant which would be you & under AC21 you are allowed to switch to new employer after 180 day of I-485 filing while it remains pending, as long as new job from different employer is same or similar occupation. You might have to file I-485 Supplement J should USCIS send RFE & normally this much time pass by chances are quite high that you will get RFE, if current employer based on whose job you filed i-485 continues to exist or choose to port to new job at different employer.
I-485 RFE goes to attorney whoever was retained at time of initial filing.
Thanks for your reply @whitemimauz3 . That specifically answered the question I had reg. who would handle addressing the RFE on I 485. Sounds like only paper work that my new employer's attorney will have to file is AC 21. Is that correct ?