Revising and confirming

[meti_alb]

Hi there,

 

I am helping my employer revise all the paperwork as we are going to submit an extension for my H1B (my second 3-years in H1B status ever).

 

While reading through the instructions and revising the paperwork he had prepared I came across with the following questions (I would greatly appreciate if you can help with answers ...most of them take yes/no for answer):

 

Q.1

Which address is a H1B Extension (regular processing) mailed to (for MA employee)? This link http://goo.gl/d1N4p says that for H-1B Cap Cases, one must  use USCIS Vermont Service Center ATTN: H-1B Cap 4 Lemnah Drive St. Albans. VT 05479-0001 while for all other All other I-129 Cases: USCIS Vermont Service Center ATTN: I-129 75 Lower Welden Street St. Albans, VT 05479-0001 I assume an extension of H1B application should fall under All Other I-129 Cases option (the second address), right? 

 

 

Q.2

Part 4, item 7 says Have you ever filed an immigrant petition for any beneficiary in this petition? Is the initial H-1B petition (the first 3 years in H1B) an immigrant petition? That's all my employer has filed about me ...and I am always confused by the way the terms immigrant vs non-immigrant are used. 

 

 

Q.3

Company has more than 25 full time employees. The full amount of fees to paid to USCIS is $1825.00 ($1500 for ACWIA and $325 for I-129 filing fee). Is this right? 

 

 

Q.4

Does it matter if the fee payment is in one single check all together? Or should they be a check per fee (separate ones)?

 

 

Q.5

This is an extension of existing H1B with same employer and same position. The $500 Fraud Prevention and Detection fee is not required, right? 

 

 

Q.6

Does the employer have to prove that he has been advertising this position when submitting applying for an extension? Or is that required only when submitting the initial H1B petition (first 3 years)?

 

 

Q.7

The employer is using form I-129 (10/07/11) to file this application. There a few supplements to this form where some of them are not applicable (completely empty) to my case. Are they required to be in the package to be mailed to USCIS?

Just to confirm, in my application:

I-129 (pages), "H Classification" (pages 11-16), "H-1B Data Collection and Filling Fee Exemption" (pages 17-19) have been filled in,

 

while "E1/E2 Classification" (pages 8-9), "Trade Agreement" (page 10), "L Classification" (pages 20-23), "O and P Classification" (page 24 -25), "Q-1 Classification" (page 26), "R-1 Classification" (page 27-32) are all blank.

 

I couldn't find any information saying whether to include them or not, whether applicable or not.

[Attorney_10]

It appears you have numerous questions relating to completing the Form I-129 and supplement forms. These questions should be discussed with an experienced immigration attorney to determine the best strategy for filing based on the specific facts of your case.