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Huaren
等级中尉
威望4
贴子2443
魅力3282
注册时间2002-10-21

justag

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H1 Transfer I-129的问题回答

1984

11

2005-11-29 13:12:00

以下是引用OuiCestLaVie在2005-11-28 15:53:00的发言:
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。谁最近做了H1 transfer, 不管是DIY还是律师办的,如果手头有填好的I-129, 可不可以帮我一下!万分感谢!!!


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

Which one should I check?


e

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?


Are you sure you need to answer this question?


c is for extension (to extend another 3years after the first 3 years, or to extend another year after the 6th year);


d is for amendment (for example, you still work for the same employer, but your job title is changed )

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?

Yes or No, if I have been granted h1 and not left the US for more than 1 year?

Thank you so much!


YES (don't be confused by the second part of this question)


the above is only my opinion, partly based on my hubby's H1B extension DIY experience, partly based on common sense...

Huaren
等级中尉
威望4
贴子2443
魅力3282
注册时间2002-10-21

justag

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2005-12-02 23:40:00

以下是引用OuiCestLaVie在2005-12-2 13:15:00的发言:
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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