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Huaren
等级大校
威望27
贴子20599
魅力32536
注册时间2004-01-28

OuiCestLaVie

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H1 Transfer I-129的问题回答

1980

11

2005-11-28 15:53:00

发现新的I-129跟以前的有很多不同,多了不少选项,不是很确定我填的是否正确。今天跟USCIS咨询了一下,确定了答案,贴在这里希望对大家有所帮助。

Case: H1B transfer from 1 company to another.

Part2,
Question 2. Basis for Classification:

a. New Employment (including nw employer filing h-1b extension)
c. Change in previously approved employment
e. Change of employer

Answer: a.

Question 5. Requestion Action:
c. Extend the stay of the person(s) since they now hold this status.
d. Amend the stay of the person(s) since they now hold this status.

Answer: c.

H1-B Data Collection and filing Fee Exemption Supplement

Part C Numerical Limitation Exemption Information
5. Has the beneficiary of this petition been previously granted status as an H
-1b nonimmigrant in the
past 6 years and not left the US for more than one year after attaining such
status?

Answer: Yes.

Thank you so much!

[此贴子已经被作者于2005-11-29 19:12:07编辑过]

Huaren
等级大校
威望27
贴子20599
魅力32536
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2005-11-28 21:18:00

以下是引用huaqunzi在2005-11-28 20:44:00的发言:
对表格不清楚的栏目,你可以打移民局1800的电话问的。

Thanks a lot. The number i found is 1-800-375-5283. Is this correct?

I thought this numer if only for checking status. Will they be able to answer specific questions on the forms?

Huaren
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威望27
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2005-11-29 11:57:00

I just posted the last 3 questions that I'm not sure of. Please help if you can. Thanks a lot.
Huaren
等级大校
威望27
贴子20599
魅力32536
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2005-11-29 14:39:00

以下是引用kllj358在2005-11-29 13:36:00的发言:

Question 5. Requestion Action:
c. Extend the stay of the person(s) since they now hold this status.
d. Amend the stay of the person(s) since they now hold this status.

Which one should I check?

i'd choose "d" since change of employer is amendment to your H1b status.

agree with justag on another 2 questions.

thank you and thank Justag for answering my questions. You guys are so nice!


I picked the same answers to the 1st and 3rd questions. But a friend who just did her h1 transfer said the lawyer chose "a" and "No" instead of "e" and "Yes". So I was really confused.

The 2nd question is tricky because on the old form, it used to say Extend/Amend, which makes sense, because an h1 transfer is to amend your previous approval and extend your H1 (since the exp. date will be later than your previous approval). "D" seems to make more sense to me, because it's more about amending than extending.

Huaren
等级大校
威望27
贴子20599
魅力32536
注册时间2004-01-28

OuiCestLaVie

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2005-11-29 19:13:00

今天跟USCIS咨询了一下,确定了答案,贴在原贴希望对大家有所帮助。
Huaren
等级大校
威望27
贴子20599
魅力32536
注册时间2004-01-28

OuiCestLaVie

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2005-12-02 13:15:00

以下是引用mimibobof在2005-11-30 9:13:00的发言:
Thanks for your post. Just one more question. If you change from one company to another, why it is not "change of employer" but "new employment"? Then in which situation, "change of employer" will be used? I am really confused. I may change too in the future, will have the same question I suppose. Thanks.

I know this is the most confusing question. I asked USCIS hot line the exact same thing. Their answer is: if you're only changing your employer, but not requesting an extension of your current I-797's expiration date, then you choose "change of employer". However, as far as I know, most lawyers request a new three-year H1 from the date of the new effective date, which means your new I-797's expiration date will be different. And in that case, you are both changing employer and extending your current status, and you should choose a. instead.


Hope this helps.
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