I 485 filed. Employer change. RFE handling


New Member
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)


New Member
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.


Registered Users (C)
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.


New Member
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 ?


How can your I-485 be pending for 7 years? Shouldn't you have gotten your green card by now?
In 2012, all EB categories were made current. This resulted in an unexpectedly large number of I-485 filings which forced the state department to retrogress the dates. Some of those I-485s are still pending but most of them will likely be approved this year thanks to the massive visa spillover from last year.