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Talha

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

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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

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You need to get a paid consultation with an immigration lawyer. It is best for you and best for the employee.

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Since it would be the third time and the company seemingly has very little idea of the H1 program, get a lawyer involved to do the filing.

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Before going into I129 questions you have, did you know that you will have to file for the lottery process before you can file a I129 this year?

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