Hi All,
Before you start reading my posting, I would like to thank you for your time to read my very lengthy posting. But I am desperate and left with no choice.
I am currently on exempt-H1B (working for a university...recently they renewed my H1B-till June 2009-got the receipt-waiting for approval). I am planning to change my job to corporate sector (non-exempt quota) in Jan 2007. I thought the Advanced Degree quota would not be over till Dec-January. But at the pace it is going now (only 6000 left) I want to apply for non-exempt-H1B ASAP. I have a friend who opened a consultancy (XXXXXX Inc.) in 2005...but it was inactive all this while...no employees. But she is volunteering to process my H1B but I have to complete H1 paper work and she will sign and send them to USCIS or I may have to hire an attorney (which would cost me atleast $1000 and they may not file in time before the quota is over). That's the reason I researched and found out that we have to include I-129, ETA-LCA - ETA9035E, H1B Data Collection and Filing fee exeption supplement, Hclassification supplement to Form I-129, A petition letter justifying both H1B &the company for this hiring, my MS certificate & transcripts, current H1 receipt notice, expired (on June 30, 2006) approval, my passport & visa copies, I-94, three checks drawn on DHS (for $190, $500 - fraud prevention, $750 - employer with below 25 employees) in our application package. I need some clarifications in this process....these are the questions I have....
1. Did I include every document that USCIS requires in H1B package or am I missing any?
2. As XXXXX Inc is inactive since it's establishment 1 yr ago will that hamper my chances of getting the approval (because in I-129 we have to answer Part 5 items 12. Current no of emps = 0, 13. Gross Annual Income = $0, 14. Net Ann. Income = $0)? How do all the startup companies deal with this...every body has to start with 0 employees right!!!!
3. The company does not have any printed checks...can she use her personal checks to write to USCIS or Money Orders are OK?
4. Is XXXXXX Inc supposed to give advertisements in the paper for the position they are hiring me on H1B???
5. I heard H1 clock lasts 6 years....Mine started in July 2003...in I129 & LCA when I put the starting dates and ending dates..do I have to put whole 3 years (by January I will be completing 3.5 years of my H1) or I should only put rest of the 2.5 years..i.e. Jan 2007 till Dec 2009 - 3 yrs or Jan 2007 till June 2009 - 2.5 yrs.
6. In the petitin letter, we can right about my educational and experience qualifications to justify why XXXXX Inc is hiring me........But as XXXXX Inc has been inactive since it's launching and do not have/had any employees ...how should we talk about the company justifying how can it pay my salary etc????
7. In LCA Part F1 Subsection, I thought it would be appropriate to choose alternative A - "Employer is not H1-B dependent and is not a willful violator" according to what I could comprehend from the instructions....Am I right? or do I have to choose other alternative like C - "Employer is H1-B dependent and/or a willful violator BUT will use this application ONLY to support H1-B petitions for exempt nonimmigrants"
8. In I-129 Part 2, item 2- Basis for Classification… Should I check a. New Employment or e. Change of employer ??
9. In I-129 Part 2, item 4- Prior petition receipt number…which one should I use…my recently expired approval notice’s SRC# or my renewal receipt’s WAC# (I just got the receipt…not yet approved) ??
10. In I-129 Part 4, item 4- Are applications for replacement/initial I-94s being filed with this petition? Should I check YES or check NO ??
11. In I-129 Part 4, item 8a – “If you indicated you were filing a new petition in Part 2, within past seven years has this person in petition ever been given the classification you are now requesting” No or Yes, If yes explain on separate paper.
=>> I think I should check YES and on the separate paper I should mention where I worked as H1B and what dates? Am I right??
12. In USCIS instructions, they said that ALL I-129 applications have to be sent to VERMONT SERVICE CENTER. Does it matter in which USCIS jurisdiction XXXXX Inc is?
PLEASE REPLY TO WHATEVER THE ABOVE QUESTIONS YOU KNOW THE ANSWERS TO at you earliest convenience. I think I have to send in my application to USCIS no later than July 10 in order to be counted in Advanced Degree quota.
Again I sincerely appreciate your time and advise.
Have a great weekend,
-ADAPA
Before you start reading my posting, I would like to thank you for your time to read my very lengthy posting. But I am desperate and left with no choice.
I am currently on exempt-H1B (working for a university...recently they renewed my H1B-till June 2009-got the receipt-waiting for approval). I am planning to change my job to corporate sector (non-exempt quota) in Jan 2007. I thought the Advanced Degree quota would not be over till Dec-January. But at the pace it is going now (only 6000 left) I want to apply for non-exempt-H1B ASAP. I have a friend who opened a consultancy (XXXXXX Inc.) in 2005...but it was inactive all this while...no employees. But she is volunteering to process my H1B but I have to complete H1 paper work and she will sign and send them to USCIS or I may have to hire an attorney (which would cost me atleast $1000 and they may not file in time before the quota is over). That's the reason I researched and found out that we have to include I-129, ETA-LCA - ETA9035E, H1B Data Collection and Filing fee exeption supplement, Hclassification supplement to Form I-129, A petition letter justifying both H1B &the company for this hiring, my MS certificate & transcripts, current H1 receipt notice, expired (on June 30, 2006) approval, my passport & visa copies, I-94, three checks drawn on DHS (for $190, $500 - fraud prevention, $750 - employer with below 25 employees) in our application package. I need some clarifications in this process....these are the questions I have....
1. Did I include every document that USCIS requires in H1B package or am I missing any?
2. As XXXXX Inc is inactive since it's establishment 1 yr ago will that hamper my chances of getting the approval (because in I-129 we have to answer Part 5 items 12. Current no of emps = 0, 13. Gross Annual Income = $0, 14. Net Ann. Income = $0)? How do all the startup companies deal with this...every body has to start with 0 employees right!!!!
3. The company does not have any printed checks...can she use her personal checks to write to USCIS or Money Orders are OK?
4. Is XXXXXX Inc supposed to give advertisements in the paper for the position they are hiring me on H1B???
5. I heard H1 clock lasts 6 years....Mine started in July 2003...in I129 & LCA when I put the starting dates and ending dates..do I have to put whole 3 years (by January I will be completing 3.5 years of my H1) or I should only put rest of the 2.5 years..i.e. Jan 2007 till Dec 2009 - 3 yrs or Jan 2007 till June 2009 - 2.5 yrs.
6. In the petitin letter, we can right about my educational and experience qualifications to justify why XXXXX Inc is hiring me........But as XXXXX Inc has been inactive since it's launching and do not have/had any employees ...how should we talk about the company justifying how can it pay my salary etc????
7. In LCA Part F1 Subsection, I thought it would be appropriate to choose alternative A - "Employer is not H1-B dependent and is not a willful violator" according to what I could comprehend from the instructions....Am I right? or do I have to choose other alternative like C - "Employer is H1-B dependent and/or a willful violator BUT will use this application ONLY to support H1-B petitions for exempt nonimmigrants"
8. In I-129 Part 2, item 2- Basis for Classification… Should I check a. New Employment or e. Change of employer ??
9. In I-129 Part 2, item 4- Prior petition receipt number…which one should I use…my recently expired approval notice’s SRC# or my renewal receipt’s WAC# (I just got the receipt…not yet approved) ??
10. In I-129 Part 4, item 4- Are applications for replacement/initial I-94s being filed with this petition? Should I check YES or check NO ??
11. In I-129 Part 4, item 8a – “If you indicated you were filing a new petition in Part 2, within past seven years has this person in petition ever been given the classification you are now requesting” No or Yes, If yes explain on separate paper.
=>> I think I should check YES and on the separate paper I should mention where I worked as H1B and what dates? Am I right??
12. In USCIS instructions, they said that ALL I-129 applications have to be sent to VERMONT SERVICE CENTER. Does it matter in which USCIS jurisdiction XXXXX Inc is?
PLEASE REPLY TO WHATEVER THE ABOVE QUESTIONS YOU KNOW THE ANSWERS TO at you earliest convenience. I think I have to send in my application to USCIS no later than July 10 in order to be counted in Advanced Degree quota.
Again I sincerely appreciate your time and advise.
Have a great weekend,
-ADAPA