Updated Information on Employment-based Form I-485 Supplement J
Our office continues to receive a significant number of requests for case assistance related to pending employment-based adjustment of status applications. General issues related to workforce and COVID have causes Significant Delays in the Adjudication of I485 Petitions. The USCIS released a statement acknowledging this delay and "USCIS is committed to maximizing employment-based immigrant visa usage for the rest of Fiscal Year 2022. Given USCIS' focus on maximizing its resources to adjudicate these applications and the rapid movement of these applications, our office is unable to retrieve real-time information and is accordingly unable to provide individual case assistance and regular updates at this time.
However, we hope the following information is helpful and reassuring:
1. Confirmation related to your request to transfer the underlying basis of your Form I-485:
If you submitted a Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), to the Western Forms Center to make a transfer request — While USCIS previously experienced delays in processing receipt notices for Supplement Js filed with the Western Forms Center, it is now processing receipt notices within two weeks.
If you did not use Supplement J to make a transfer request — USCIS will not provide a receipt notice or a written response to your transfer request, and we are unable to follow up on these types of requests with the agency.
2. USCIS’ Case Status Online tool’s “temporary pause” message: Even after USCIS receives your request to transfer the underlying basis of your Form I-485, you may continue to see this message in Case Status Online:
“We are temporarily pausing work on your application because an immigrant visa number is not immediately available to you. Once an immigrant visa number becomes immediately available to you, we will resume processing of your application.”
This is not a USCIS error — according to USCIS, your case status does not automatically change once USCIS receives your transfer request. This message about visa availability will remain in place until USCIS takes action on your Form I-485 (for example, issuing a request for evidence (RFE), decision, or notice transferring the application between offices).
The CIS Ombudsman is aware that applicants are seeing this updated case status even after USCIS has issued a Supplement J receipt notice and moved applications from a service center to the National Benefits Center or a USCIS field office. We have made USCIS aware of this issue.
3. Confirmation that USCIS received your Form I-693, Report of Medical Examination and Vaccination Record: Please do not send a Form I-693 to USCIS unless the agency sends you an RFE asking for the form. USCIS does not provide written confirmation after it has received evidence, including a Form I-693. 4. Forms I-485 pending outside of published processing times: We understand that there are concerns with the order in which USCIS is processing certain applications, and we will continue to raise this concern with the agency as a systemic issue. At this time, we are unable to assist with individual requests for case assistance related to employment-based I-485 applications pending outside of published processing times."
We at IKS ESQ LLC hope this Update form the USCIS comes as good news to all of our clients currently waiting for their Petitions to be Approved.