What is I-129 H1B?
Form I-129, also known as a Petition for a Nonimmigrant Worker, is a document that U.S.-based employers may submit to the U.S. Citizenship and Immigration Services (USCIS) to sponsor a foreign national for temporary work in the U.S.
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 to file Form I-9 for H1B employers?
Form I-9 When “Porting” to a New H1B Employer Pursuant to the American Competitiveness in the Twenty First Century Act (AC21), an H1B worker may begin working for a new employer upon the filing of a petition requesting an H1B change of employer.
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.
When to file Form I-907 for H-1B?
The Form I-907 can be filed at the same time as or subsequent to the filing of Form I-129. If filed subsequent to the Form I-129, please be sure to include the receipt number (i.e. EAC 08 123 51234) of the Form I-129 in the pertinent section of Form I-907. Please use the latest version of Form I-907. Outdated versions will not be accepted.
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 find H classification supplement on Form I-129?
H Classification Supplement to Form I-129 . This is included in the pages 7 and 8 of Form I-129 package. Make sure to complete all sections of the form accurately. In listing previous periods of stay in H/L classification (Question 3), please also include the actual nonimmigrant classification held, such as H-1B or H-4.
How to properly file with USCIS for H1B cap?
Employers, whose registrations were notified by USCIS as being selected in the H1B lottery and who are filing the H1B cap 2021 petitions, must make sure: To complete all sections of the Form I-129 petition accurately, including the H Classification Supplement and the H1B Data Collection and Filing Fee Exemption Supplement