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Old 03-13-2009, 09:29 PM
nagu nagu is offline
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Default New H1B Filling - After Denial - I-129 form question

My H1B transfer got denied on last month because of end client contract was not provided.

At this time, we are trying get to all contract details(start to end client) and file new h1b petition (CAP Exempt) on premium processing and Lawyers are suggesting me to go for Counslar Processing.


I want to know What are options have to selected on I-129 for counslar processing (I am going through Lawyer However, I want to ensure that we are selecting right one)

On I-129 Form, Part 2,

Question 2: Basis for Classification (Check one):

a. New employment (including new employer filing H-1B extension).

b. Continuation of previously approved employment without change with the
same employer.

c. Change in previously approved employment

d. New concurrent employment.

e. Change of employer

f. Amended petition

Question 5: Requested Action (Check one):

a. Notify the office in Part 4 so the person(s) can obtain a visa or be admitted.
(NOTE: a petition is not required for an E-1 or E-2 visa).

b. Change the person(s)' status and extend their stay since the person(s) are all
now in the U.S. in another status (see instructions for limitations). This is
available only where you check "New Employment" in Item 2, above.

c. Extend the stay of the person(s) since they now hold this status.

d. Amend the stay of the person(s) since they now hold this status.

e. Extend the status of a nonimmigrant classification based on a Free Trade Agreement. (See Free Trade Supplement for TN
and H1B1 to Form I-129).

f. Change status to a nonimmigrant classification based on a Free Trade Agreement. (See Free Trade Supplement for TN and
H1B1 to Form I-129).


Any help appriciated.
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