Supp J RFE on NIW EB2,

[agupta001]

Hi, my I485 is pending, on an I140 approved EB2 NIW. I received RFE on the I485, requesting to resubmit medical and submit I485 supplement J. Supplement J clearly says individuals with NIW do not need to submit the form. I spoke to USCIS customer service, who understood the discrepancy and filed an inquiry with the original service center. 

The problem is that the inquiry will take about 3 weeks. And I have to respond to the RFE in 1 week. I cannot wait for them to respond to the inquiry and will have to respond to the RFE. 

I am looking for advice on how to address the supp J question. Should I fill out the first portion of the form or not include it at all? And what else could I say so that my application is not denied. 

I will appreciate any help/advice. 

Thanks, 

AG 

[satya2k1]

If I were you, I would send a cover letter explaining why SuppJ is not needed for your case (highlight this section in your letter), and also attach the document from USCIS which refers to this. 

[agupta001]

Thanks - I will do that. I wonder whether I should partially fill out the supp J and submit. I worry that if I don't fill it out, the office may outright reject the application. Although an incomplete form will not be useful but at least they will have the form. Very confused. 

If the application is rejected based on the response to RFE, will I have a chance to appeal? 

[satya2k1]

Hi gupta,

I don't think it would harm to send a suppJ form, but don't send partially filled.  Fill out the form correctly, and fill in fields with "Not Applicable" where appropriate, and sign the form and include a cover letter explaining why those fields are NOt Applicable with Part #, Section #

 

[agupta001]

I just wanted to update. My employer decided to fill out the I485 supp j. So, I ended up writing a cover letter stating supp j is attached, as well as describing the discrepancy that was discussed with the officer over the phone since a case # was assigned. We shall see what they will do.