Can a H-1B employee file an I-129 Petition?
If an I-129 petition is being filed for an employee who is already in the United States in H-1B status, the timeline will be affected if the rule of “portability” applies. Portability allows certain H-1B employees to transfer and start work with a new employer, before the I-129 petition is approved.
When to file the I-129 form for an immigrant worker?
The employee has been maintaining valid H-1B status since last arriving in the US on an H-1B visa. If the I-129 petition is for a change of employer, the employee has to still be employed with the original H-1B sponsor, or be within the 60-day maximum grace period following the end of that employment, at the time the I-129 petition is filed.
When do I-129 petitions need to be resubmitted?
The LCA might need to be resubmitted if it is not certified the first time, adding an additional seven days to the preparation period. If the I-129 petition is to extend the H-1B status of a current employee and is still pending after 240 days, the employee must stop working and remain in the United States until USCIS issues a final decision.
When is Premium Processing Service for Form I-129 suspended?
Alert: On March 20, 2020, U.S. Citizenship and Immigration Services announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus Disease 2019 (COVID-19).
If an I-129 petition is being filed for an employee who is already in the United States in H-1B status, the timeline will be affected if the rule of “portability” applies. Portability allows certain H-1B employees to transfer and start work with a new employer, before the I-129 petition is approved.
The employee has been maintaining valid H-1B status since last arriving in the US on an H-1B visa. If the I-129 petition is for a change of employer, the employee has to still be employed with the original H-1B sponsor, or be within the 60-day maximum grace period following the end of that employment, at the time the I-129 petition is filed.
The LCA might need to be resubmitted if it is not certified the first time, adding an additional seven days to the preparation period. If the I-129 petition is to extend the H-1B status of a current employee and is still pending after 240 days, the employee must stop working and remain in the United States until USCIS issues a final decision.
When does the Immigration Service revoke an H1B?
There are only two circumstances in which the immigration service will automatically revoke an H1B: 1) The sponsoring employer goes out of business; or 2) The sponsoring employer files a written withdrawal of the petition.
What do you need to know about the I-129 form?
What Is an I-129 Form? The Form I-129 is a petition for a non-immigrant worker – a form that employers looking to fill a position with a foreign national will have to fill. It is a very common type of work visa, and may also be able to change the status of someone already within the borders of the US – but is not permitted to work.
Where to file petitions for H-1B all other classifications?
USCIS has updated the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, H-1B “All Other” classifications. Please refer to the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, for information on where to file petitions for H-1B “All Other” classifications.
Where to file I-129, Petition for a Nonimmigrant Worker?
Please refer to the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, for information on where to file petitions for H-1B “All Other” classifications. These classifications include extensions of stay, changes of status, concurrent employment requests, POE/PFI/consular notifications, and amended petitions.
Why do I see USCIS Form I-129 on my H1B visa?
The reason is that, when you file a H1B petition with USCIS, you would use form I-129, thats why you see the status text to indicate the form number. USCIS does not explicitly tell H1B Visa petition in the status as the form I-129 is also used for other visa types as well.
Where to file Form I-129 Petition for Premium Processing?
Before you file the Form I-129/I-907 package, check uscis.gov to ensure that the requested classification is eligible for premium processing.
USCIS has updated the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, H-1B “All Other” classifications. Please refer to the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, for information on where to file petitions for H-1B “All Other” classifications.
What does case was approved mean with respect to the H-1B?
You would have used that number to check the status on USCIS website and got to know that your H1B application is approved by USCIS. If you look at the H1B Case Status info and meaning on USCIS site, it tells you that they will send the approval notice copy to the petitioner or employer/ attorney.