What is an I-129 petition?
What is an I-129 petition?
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.
How long does the I-129 petition process take?
After filing Form I-129F, Petition for Alien Fiancé, it may take approximately 6 to 9 months to obtain a K-1 visa. It may be shorter for some and longer for others.
What happens after Form I-129 is approved?
When USCIS approves an I-129 petition, it will issue an approval notice (Form 797, Notice of Action). Your employer states in the petition that you will be employed from April 1, 2017 through March 31, 2020. When USCIS issues the approval notice, it will state that your H-1B status is valid for those exact dates.
What happens if I-129 is denied?
If USCIS denies the I-129 petition, your employer can appeal the denial. Employers choosing to appeal a denial must complete and file USCIS Form I-290B. They must file the I-290B within 30 calendar days (which include weekends) from the date you received the denial (33 days if the decision arrived by mail).
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.
Who can apply for I-129?
The I-129 petition can be filed for the following employment-based nonimmigrant visa categories: Temporary workers qualifying for H-1B, H-1C, H-2A, or H-3 status. Aliens of extraordinary ability qualifying for O-1 status, and their assistants who qualify for O-2 status.
How can I check my I-129 status?
How to Check USCIS Case Status Online
- Go to my USCIS Case Status Search Case Status Online.
- Enter your 13-digit receipt number in box below “Enter your receipt number”.
- Click on the “Check Status” button and wait.
- Once the page refreshes you will see information about your case.
Do I need I-129 for visa interview?
All applicants for H, L, O, P and Q visas must have a petition approved on their behalf by USCIS. You must bring your I-129 petition receipt number and a copy of your Form I-797 to your interview at the Embassy or Consulate in order to verify your petition’s approval.
Why would a work visa get denied?
An application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for the visa category for which he or she applied, or because the information reviewed indicates the applicant falls …
Can I sue USCIS for denial?
In short, yes. One can exercise their rights and legally sue USCIS. By filing a Federal lawsuit, you are forcing USCIS to justify their decision, which it is highly unlikely they will be able to do. In most cases where a Federal lawsuit has been filed, USCIS has chosen to avoid litigation and has issued an approval.
What is the 240 day rule?
USCIS has provided guidance for employers and stated that employees are authorized to continue work for the same employer for up to 240 days beyond the expiration of their current authorized stay, while their petition or pending or until USCIS makes a decision on their case, whichever is sooner.
Can I travel outside U.S. while I 130 is pending?
An immigrant petition filed on your behalf means you will eventually get an immigrant visa and immigrate to the U.S., if you are eligible. However, immigration authorities may not issue non-immigrant visas while immigrant petitions are pending. …
How to file Form I-129 Petition for Nonimmigrant Worker?
Please provide a duplicate copy of Form I-129 and all supporting documentation at the time of filing if the beneficiary is seeking a nonimmigrant visa abroad, or if the beneficiary is seeking a change of status (COS) or extension of stay (EOS).
When to reject Form I-129 for L 1 blanket change of status?
Form I-129S, Nonimmigrant Petition Based on Blanket L Petition (the 06/02/16 and 11/08/19 editions only). Starting 03/16/20, we may reject any Form I-129 for an L-1 blanket change of status request that does not also include Form I-129S.
How much does it cost to file Form I-129?
Form I-129 Filing Fee A U.S. employer filing an H-1B petition must submit the $325 petition filing fee and, unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this form, an additional fee of either $1,500 or $750.
What happens when I-129 Petition is approved by CBP?
When an alien beneficiary with an approved I-129 petition is admitted to the United States, CBP grants the alien beneficiary a period of stay documented on Form I-94 or as noted in the passport or travel document.