My husband and I are sending out our H1/H4 application soon. I found some problems in those documents provided by his employer.
Question 1. Salary difference on LCA and Form I-129/I- 129W
The Rate of Pay on Form ETA 9035E (LCA) is $500 less then his actual salary. His employer put the actual rate on his I-129 part 5, and I-129w Part A. As my understanding, those two items, “rate of pay per year” and “LCA Code,” on I-129w MUST AGREE with items B1 and C3, respectively, on the LCA. Should I ask his employer reapply a LCA and put the exact amount of salary on LCA?
Question 2. Different Dates on LCA and Form I-129
Should the “Dates of intended employment” on form I-129 part 5 be the same as items J “ Date starting XXX and date ending XXX” on LCA? His employer put “From 8/15/2003 to 8/14/2006” which matches the dates on my husband’s contract. But the dates on the LCA is “ Date starting 8/27/03 and Date ending 8/26/2006”. Is it ok that the dates on I-129 are slightly different from approved LCA?
Question 3. 129w part C was left blank by employer
Accroding to the I-129w instruction “All United States Employers must complete Part C even if they are not claiming the fee exemption in Part B.”, I think even his university is filling for $1000 exemption they should also fill part C, am I right ?
On form I-129w Part C. 6 “If the petition is to request a change of employer, did the beneficiary previously work as an H-1B for an institution of higher education, ……”, this is an new H1b petition for my husband which is not suitable to that situation. Can we leave it blank/unchecked on either “Yes” and “No” ?
Question 4. evidence of tax exempt status of public not-for-profit institution for form I-129w.
Based on I-129w instruction, Evidence Requirement for Part B. “United States employers claiming exemption from payment of the $1,000 filing fee on the basis of status as affiliated with an institution of higher education, must submit evidence of tax exempt status under the Internal Revenue Code of 1986, section 501(c)(3), (4) or (6), 26 U.S.C. section 501(c)(3), (c)(4) or (c)(6);
What does this document look like? There is a piece of paper copied from a book with section codes under Chapter “ state colleges” with “xx-xx-1 Names, locations, and purposes of schools –Degree authorized by board of regents” Is this the evidence? Why “tax exempt” not mentioned on the paper?
Question 5. Method of petition fee payment
We need to pay application fee first and get reimbursement from employer. Is it true that Personal checks, especially written on the account of the alien(my husband), are no longer acceptable for H1B petition? In that case, is money order OK?
Do Money orders need to be attached seperatly on Form 1-129 and Form I-539?
Question 6. F1 status. All copies of I-20 necessary? Or only SEVIS.
Both my husband and I have more than 5 I-20s. (got one whenever we need to apply a F1 visa) I was told only the latest I-20 copy should be sent, but I remember all copies of I-20 are always required. Should I only send the SEVIS I-20, or provide all copies of our I-20?
Question 7. Besides petition letter from employer, is copy of contract or offer letter be submitted?
Question 8. Are curriculum vitae and transcript required documents for H1B? My husband’s major is management, and his job is teaching Accounting
Question 1. Salary difference on LCA and Form I-129/I- 129W
The Rate of Pay on Form ETA 9035E (LCA) is $500 less then his actual salary. His employer put the actual rate on his I-129 part 5, and I-129w Part A. As my understanding, those two items, “rate of pay per year” and “LCA Code,” on I-129w MUST AGREE with items B1 and C3, respectively, on the LCA. Should I ask his employer reapply a LCA and put the exact amount of salary on LCA?
Question 2. Different Dates on LCA and Form I-129
Should the “Dates of intended employment” on form I-129 part 5 be the same as items J “ Date starting XXX and date ending XXX” on LCA? His employer put “From 8/15/2003 to 8/14/2006” which matches the dates on my husband’s contract. But the dates on the LCA is “ Date starting 8/27/03 and Date ending 8/26/2006”. Is it ok that the dates on I-129 are slightly different from approved LCA?
Question 3. 129w part C was left blank by employer
Accroding to the I-129w instruction “All United States Employers must complete Part C even if they are not claiming the fee exemption in Part B.”, I think even his university is filling for $1000 exemption they should also fill part C, am I right ?
On form I-129w Part C. 6 “If the petition is to request a change of employer, did the beneficiary previously work as an H-1B for an institution of higher education, ……”, this is an new H1b petition for my husband which is not suitable to that situation. Can we leave it blank/unchecked on either “Yes” and “No” ?
Question 4. evidence of tax exempt status of public not-for-profit institution for form I-129w.
Based on I-129w instruction, Evidence Requirement for Part B. “United States employers claiming exemption from payment of the $1,000 filing fee on the basis of status as affiliated with an institution of higher education, must submit evidence of tax exempt status under the Internal Revenue Code of 1986, section 501(c)(3), (4) or (6), 26 U.S.C. section 501(c)(3), (c)(4) or (c)(6);
What does this document look like? There is a piece of paper copied from a book with section codes under Chapter “ state colleges” with “xx-xx-1 Names, locations, and purposes of schools –Degree authorized by board of regents” Is this the evidence? Why “tax exempt” not mentioned on the paper?
Question 5. Method of petition fee payment
We need to pay application fee first and get reimbursement from employer. Is it true that Personal checks, especially written on the account of the alien(my husband), are no longer acceptable for H1B petition? In that case, is money order OK?
Do Money orders need to be attached seperatly on Form 1-129 and Form I-539?
Question 6. F1 status. All copies of I-20 necessary? Or only SEVIS.
Both my husband and I have more than 5 I-20s. (got one whenever we need to apply a F1 visa) I was told only the latest I-20 copy should be sent, but I remember all copies of I-20 are always required. Should I only send the SEVIS I-20, or provide all copies of our I-20?
Question 7. Besides petition letter from employer, is copy of contract or offer letter be submitted?
Question 8. Are curriculum vitae and transcript required documents for H1B? My husband’s major is management, and his job is teaching Accounting