Supplement J without RFE

[Angel Anon]

My i140 was submitted on July 2 via premium processing and currently in RFE. My i485 was submitted on July 28 but my attorney was not able to include the Supplement J. We just received the receipt numbers for the i485 and we are planning to send the Supplement J although we have not received the RFE for it. Is it fine to submit it without the RFE? Will it not affect or delay the main i485 application? Thank you!

[submit2junk]

1. You have not indicated what kind of RFE you have received. I would assume it is for I-140. 

2. Supplement J is the current day equivalent of AC21. You send it when you change employer. If you had not changed your employer you don't need to submit Form J. GC is for future employment and USCIS / DHS will ask for Supplemental Form J when your priority date becomes current for proof of employment. If latest i485 form asks for Supplemental Form J and you did not send it don't worry about it since you just received your receipt numbers. I would check with www.uscis.gov and click on "Check my case status" link for the receipt numbers and see what it says. If it just says a response was mailed .. days ago and nothing else i will take a print out / soft copy of it and continue with my life.  

3. Keep your pay stubs. So even if USCIS indicates you did not send Supplemental Form J you can always prove you were employed with your present day employer. 

Make sure you ask your attorney for I-140 Receipt number , copy of approved I-140. It is an employer document and usually not all employers share I-140 receipt number with the employee.

 

Good Luck.