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H-1B Petition Filing Tips

By Bill at March 17, 2016 00:51
Filed Under: Visa Knowledge

Form G-28, Notice of Entry of Appearance as Attorney or Representative

If the petitioner will be represented by an attorney or other accredited representative, submit a properly completed Form G-28, Notice of Entry of Appearance as Attorney or Representative. Please make sure you file the most recent version of the Form G-28 (edition date: 03/04/2015). For further information on Form G-28, please see our Filing Your Form G-28 page.

Form I-129, Petition for a Nonimmigrant Worker

  • Complete all sections of the form accurately.

 

  • H-1B cap petitions and advanced degree exemption petitions for the FY 2017 cap must include an employment start date of no earlier than October 1, 2016. Do not file petitions earlier than six months before the requested employment start date. We will reject H-1B petitions requesting an earlier employment start date or a start date of “As Soon As Possible” or “ASAP.”

 

  • Ensure that the petition is properly signed. An entity petitioning for an H-1B worker may authorize a Power of Attorney (POA) to sign their USCIS Form I-129 on its behalf. The I-129 must be signed in the original by the petitioner or POA. If signed by the POA, a copy of the POA must be included with the petition. It is recommended that all signatures on the petition be in blue ink to readily identify the original signature.

 

  • Petitioners should enter their own address in Part 1, question 3 of the Form I-129. This will ensure that the I-797 receipt and approval notices are sent to the petitioner and, if applicable, to the attorney/representative.

 

Please note: Using an address other than the petitioner’s address as the mailing address may cause processing delays related to USCIS’s Validation Instrument for Business Enterprises (VIBE). VIBE automatically uses the address provided on the petition to validate the petitioner’s current location. If petitioners use an attorney’s address on the Form I-129 petition, include a cover letter that clearly indicates the current address of the petitioner. This information will assist immigration services officers in completing a manual check in VIBE using the petitioner’s address. If a petitioner uses an attorney’s address as their mailing address on the form, then the petitioner will not receive any I-797 notices.

 

  • Ensure that the beneficiary’s name is spelled properly and that his or her date of birth is displayed in the proper format (mm/dd/yyyy). Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy.

 

  • If the beneficiary will seek a visa at a consular office abroad, include a copy of the petition and supporting documentation with the filing. For cases where the beneficiary will seek a change of status or extension of stay in the United States, you may still submit a copy. You may choose to do this in case the beneficiary decides to seek a visa at a consular office abroad after the change of status or extension of stay is approved.

 

  • If the beneficiary is seeking an extension of stay or change of status, the petition should include evidence (such as a Form I-94 or Form I-797 approval notice) to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested.

 

  • The petitioner should include a copy of the beneficiary’s valid passport.

 

H Classification Supplement to Form I-129

Where do I find it?

What version of Form I-129 are you using?

Find the H Classification Supplement on:

Revision date of Aug. 13, 2015

Pages 13-14

Revision date on/after Oct. 23, 2014, but before Aug. 13, 2015

Pages 13-14

 

  • Please be sure to complete all sections of the form accurately.
  • In listing previous periods of stay in H or L nonimmigrant classification (question 3), please also include the actual nonimmigrant classification held (such as H-1B or L-1).
  • The petitioner must sign the form, preferably in black ink.

 

H-1B Data Collection and Filing Fee Supplement

Where do I find it?

What version of Form I-129 are you using?

Find the H-1B Collection and Filing Fee Supplement on:

Revision date of Aug. 13, 2015

Pages 19-21

Revision date on/after Oct. 23, 2014, but before Aug. 13, 2015

Pages 19-21

 

  • Please be sure to complete all sections of the form accurately.
  • Make sure the Form I-129 has a revision date ofOct. 23, 2014, or later.
  • Be sure to answer if the beneficiary has earned a master’s degree or higher from a U.S. educational institution as defined in 20 U.S.C. 1001(a).

Where do I answer?

What version of Form I-129 are you using?

Answer in H-1B Data Collection and Filing Fee Exemption Supplement:

Revision date of Aug. 13, 2015

·  Section 1, question 2, and

·  Section 3, question 2

Revision date on/after Oct. 23, 2014, but before Aug. 13, 2015

·  Section 1, question 2, and

·  Section 3, question 2

 

  • If you answer “No” to the question about whether the beneficiary will be assigned to work at an off-site location, then you do not need to respond to the remaining two questions in the section. 

Where do I find this question?

What version of Form I-129 are you using?

This question is:

Revision date of Aug. 13, 2015

The first question in Section 4 on page 21.

Revision date on/after Oct. 23, 2014, but before Aug 13, 2015

The first question in Section 4 on page 21.

 

Form I-907, Request for Premium Processing

  • Please be sure to complete all sections of the form accurately with original signatures. Note: We will only accept the March 4, 2015 or later edition of Form I-907.
  • The representative may sign in both Parts 4 and 5 of the Form I-907 if there is a valid Form G-28 with the filing. Otherwise, the petitioner’s signature is required. Preferably, signatures should be in black ink.
  • If you file the Form I-129 before the Form I-907, please include a copy of the Form I-129 receipt notice along with the Form I-907.

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