I-129 (Part 2) - Information about this petition

#1
Hello Experts,

To give you some background:

We have an employee who is currently working for us on a TN visa (NAFTA work visa for Canadians) and We want to transfer the employee to H1B. we have been trying to get him on H1B for the last 2 years
- first time in 2018, the end-employer got changed so the application was denied and the application money was returned
- Second time in 2019, we had Aug 1 2019 as the anticipated start date, so the application was denied and the money was returned

we are again trying to file the petition in 2020 and have couple of questions that need clarification.

1. On I-129 form, part 2, point 2. Basis for classification
Selected "New Employment"... is this accurate

2. On I-129 form, part 2, point 3. Provide the most recent application/petition number
Entered the one that got declined in 2019... is this accurate

3. On I-129 form, part 2, point 4. Requested action

Selected option b "change the status and extend the stay of each beneficiary because the beneficiary is now in the united states in another status... is this accurate

Thanks in advance
 

whitemimauz3

Registered Users (C)
#2
Q 1. Correct
Q 2 You will leave it blank unless some petition was filed with USCIS on behalf of this individual in past & you are trying to reference that petition as maintenance of status. If initial TN was granted to this individual I believe there was no I-129 filed so therefore you will leave blank.
Q 3 Correct.

On page 4 of I-129 Q.8 you will mark yes, A. No.
Q. 9 answer Yes & provide details of previous rejection/denials.
 
#3
Q 1. Correct
Q 2 You will leave it blank unless some petition was filed with USCIS on behalf of this individual in past & you are trying to reference that petition as maintenance of status. If initial TN was granted to this individual I believe there was no I-129 filed so therefore you will leave blank.

Re. Question 2... We filed 2 unsuccessful petitions, first one in 2018 and it got rejected because the contract with the end-client got cancelled by the time USCIS reviewed the petition and 2nd in 2019, the employment date that we put was Aug 1 2019.

Since we are filing a new petition this time, based on your feedback, I am assuming we don't need to put any of the reference

Thanks again for your prompt response.
 
#4
Q 1. Correct
Q 2 You will leave it blank unless some petition was filed with USCIS on behalf of this individual in past & you are trying to reference that petition as maintenance of status. If initial TN was granted to this individual I believe there was no I-129 filed so therefore you will leave blank.
Q 3 Correct.

On page 4 of I-129 Q.8 you will mark yes, A. No.
Q. 9 answer Yes & provide details of previous rejection/denials.

On page 4 of I-129 Q.8 b... Can you please advise if I should mark it Yes or No. I am guessing "No" given that it was denied in 2018 and 2019 due to the reasons explained in the original note.

Thanks again
 
#6
8.A Yes, 8.b No, 9. Yes
Hi, seems like your recent answer is different than the previous one... Just so that I have it right can you please confirm again. Here is what I have so far

(PART 4, Page 4)

5... Yes & 4 (Employee has 3 kids and a spouse, total 4 dependents)
7... Yes & 2 (note: previously we have applied twice for H1B)
8... Yes
8A... No
8B... Yes
9... Yes

Thanks again for your assistance
 

whitemimauz3

Registered Users (C)
#7
5 Yes 4
6 No
7 No. (This question pertains to immigrant petition NOT H-1B petition)
8. Yes
8a No
8b No
9. Yes

Keep in mind your previous petition was rejected NOT denied therefore answers are what they are.
 
#8
5 Yes 4
6 No
7 No. (This question pertains to immigrant petition NOT H-1B petition)
8. Yes
8a No
8b No
9. Yes

Keep in mind your previous petition was rejected NOT denied therefore answers are what they are.
Since, the previous petitions were rejected and not denied. I am assuming that I don't have to mention anything about it in Part 9. can you please confirm

Plus, how can I reconfirm that the petition was rejected and not denied. assuming because the money were returned to us on both the cases and we were never charged.

Thanks again for all your assistance. You have been a great help.
 
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