Hi, My I 485 was filed in 2012 and still waiting for it to be approved. Switching to a new employer next month. If there is a query or anything requested by USCIS, is it typically the current employer who filed my I 485 who handles it or new employers attorney ?
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)
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.
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 ?
Right, that's an excellent point @SusieQQQ , but considering my I 485 was already filed, I am not sure if there might be anything else that is left to be done for the new employer to take care of. In the past 7 yrs(filed in 2012), USCIS reached out for doing medicals and once for an RFE