My PERM and I-140 were filed many years ago for a Software Engineer position. I have recently been promoted to a managerial position, and am about to file my I-485. Can I list the new position on the Supplement J?
05 Nov 2020Answer
When filing an I-485, the Supplement J is generally included to show that the original job offer still remains. After the I-485 has been pending for 180 days, it typically is possible to port to a different position (whether it is with the initial employer or a different employer,) so long as the new position is the same or similar to the one listed in the I-140.
You cannot use a Supplement J to port with the initial I-485 filing. Further, even if you wait 180 days to port, you would need to be able show that the managerial position is the same or similar to the software engineer position. Depending on the circumstances, that may be possible. But, that is something you should discuss in greater detail with your attorney. (05.Nov.2020)
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