What Is I 129? The I-129 is a multipage form that your employer submits to the INS. I-797 is usually a single (double sided) notice with a statue of liberty watermark.

What is the difference between I-129 and i-797? The I-129 is a multipage form that your employer submits to the INS. I-797 is usually a single (double sided) notice with a statue of liberty watermark.

What is US I-129? The Purpose of Form I-129 This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien beneficiary to come temporarily to the United States as a nonimmigrant to perform services or labor, or to receive training.

What happens after I-129 approved? When the beneficiary with an approved Form I-129 is admitted to the United States, U.S. Customs and Border Protection grants the beneficiary a period of stay documented on Form I-94 or as noted in the passport or travel document.





Can I stay in US while I-129 is pending?

Once you submit your application for an extension of status, you are permitted to remain in the U.S. until you receive a decision from U.S. Citizenship and Immigration Services (USCIS)—even if your permitted stay expires while USCIS is considering your application.

Is I-129 required for H-1B stamping?

The entire H-1B visa process mandates a specific H-1B package. Along with all the documentation, the package requires separate checks for the I-129. The standard fees include premium processing (if applicable), fraud fee, U.S. employer sponsorship, and public law.

How long does it take to process I-129?

USCIS guarantees 15-calendar day processing of a Form I-129 through the Premium Processing Service. The 15-day period begins when USCIS receives USCIS will refund the premium processing fee if it fails to process the Form I-129 within 15 calendar days of the receipt of the Form I-129 with the Form I-907.

Can employer withdraw H-1B petition after approval?

Yes employer can revoke the already approved H-1B petition with them but once you received the Receipt notice you can join the new company, Revoking of H-1B petition of previous employer will not impact the H-1B Transfer process.

How do I submit my H-1B petition?

To initiate a filing of an H-1B petition, after filing the LCA with the Department of Labor, an employer files the H-1B petition with USCIS on Form I-129. Employers should complete the petition in black ink, while all original signatures should appear in blue ink.

Can H-1B extension be filed online?

You can submit an application for an extension of stay by mail or you can file online using USCIS ELIS for an extension of stay before the expiration date on your Form I-94. (There are certain very limited circumstances under which USCIS will excuse a late submission.)

How much does H-1B extension cost?

Therefore, an H-1B extension fee is only $460 for the I-129 filing. However, the H-1B transfer cost is anywhere from $1,710 to $6,460 depending on whether your employer is required to pay the higher ACWIA fee and the Public Law fee.

How long it takes for H-1B approval after lottery?

H1B regular application processing time is 3 months to 1 year for approvals. H1B premium processing is getting approval within 1 to 15 days of filing.

Can you change from B2 to H-1B?

If your B2 Change of Status application has already been approved by USCIS, then you can file your B2 to H1B Change of Status application along with your approved i140 copy. You will be lucky if your B2 gets approved within 3 months though.

Can I travel during H-1B lottery?

You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned.

Can I apply for H-1B extension from India?

Your employer will be able to file an extension of your H-1B status even if you are in India. However, once your visa expires, you will not be able to return to the U.S. until the H-1B is approved and you have obtained a new visa stamp.

Is resume mandatory for H-1B filing?

It is not mandatory to submit a resume with an H-1B petition – depends upon the attorney who will prepare and file your H-1B. Some attorneys submit the beneficiary’s resume along with the H-1B petition and some attorneys may prefer to…

Can we apply H-1B individually?

Applying for H1-B Visa The individual is not allowed to apply for the H1-B visa, it requires sponsoring from U.S. employer. The H1-B filing period starts from 1st April and the filling period will continue till the quota is met. The H1-B sponsors and employers change every year.

Is resume needed for H-1B?

When preparing a petition for an H-1B, you will need several essential documents. A CV or Resume – One of the requirements of the H-1B is that applicants have a specific field or expertise. Submitting a detailed CV or resume helps the USCIS identify what that expertise is.

Why is USCIS so slow?

New policies at USCIS are restricting legal immigration. For example, one policy requires USCIS officers to conduct duplicate reviews of past decisions, adding unnecessary work to each case. Such inefficient policies help explain why processing times are increasing even as USCIS application rates are decreasing.

How long does H-1B last?

Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years. Before the employer can file a petition with USCIS, the employer must take steps to ensure that hiring the foreign worker will not harm U.S. workers.

Can a revoked H-1B be used by future employers?

No, a revoked H1B cant be used by future employer. If you have existing H1B active, you get non cap H1B petition benefit, but revoked H1B releases the benefit if cap exempted quota.

What happens if H-1B is approved?

If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be ‘activated”.

Can H-1B be revoked by employer?

An employer can accomplish withdrawal of the petition by sending a letter to the USCIS service center which approved the H-1B petition, which in most cases will be either the California Service Center (CSC), or Vermont Service Center (VSC).

Is H-1B suspended for 2022?

The United States President signed an executive order banning temporary work visas and green cards for all foreigners, till 2020-end.