I-129 H1-B / Amended petition
Jul 13th 2005, 3:27 am
#1
Guest
Posts: n/a
I-129 H1-B / Amended petition
In my I-129 extension by mistake "Is it the second extension..." in the
"H1B Data Collection" addendum the reply was Yes. Because of this USCIS
has returned the $1,500 fee.
As I understand, when you send I-129 Amended petition because this
mistake, you have to resubmit all the paperwork as it was done for the
original application. Only the I-129 is going to be different because
now it will say "amended petition" and will have reference to the
pending I-129. Am I right?
Thanks!!!
"H1B Data Collection" addendum the reply was Yes. Because of this USCIS
has returned the $1,500 fee.
As I understand, when you send I-129 Amended petition because this
mistake, you have to resubmit all the paperwork as it was done for the
original application. Only the I-129 is going to be different because
now it will say "amended petition" and will have reference to the
pending I-129. Am I right?
Thanks!!!
Jul 22nd 2005, 3:38 pm
#2
Guest
Posts: n/a
Re: I-129 H1-B / Amended petition
goshik wrote:
> In my I-129 extension by mistake "Is it the second extension..." in the
> "H1B Data Collection" addendum the reply was Yes. Because of this USCIS
> has returned the $1,500 fee.
> As I understand, when you send I-129 Amended petition because this
> mistake, you have to resubmit all the paperwork as it was done for the
> original application. Only the I-129 is going to be different because
> now it will say "amended petition" and will have reference to the
> pending I-129. Am I right?
> Thanks!!!
>
If I understand correctly, the problem is that you ticked the wrong box
on the data collection form; therefore the ACWIA fee was refunded; now
you want to fix that error.
File the amended petition, tick the correct box, pay the fees, explain
in a cover letter what you are doing. The contractors may bounce it
anyway because they are instructed not to collect the ACWIA fee for an
amendment without extension. If they bounce it, send it back again with
an explanation and address it "Attn: Supervisory Review". If they
bounce it twice, then you've acted in good faith. Put the papers away
and keep them safe to show, in the event of future problems, that you
tried to do the right thing.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
> In my I-129 extension by mistake "Is it the second extension..." in the
> "H1B Data Collection" addendum the reply was Yes. Because of this USCIS
> has returned the $1,500 fee.
> As I understand, when you send I-129 Amended petition because this
> mistake, you have to resubmit all the paperwork as it was done for the
> original application. Only the I-129 is going to be different because
> now it will say "amended petition" and will have reference to the
> pending I-129. Am I right?
> Thanks!!!
>
If I understand correctly, the problem is that you ticked the wrong box
on the data collection form; therefore the ACWIA fee was refunded; now
you want to fix that error.
File the amended petition, tick the correct box, pay the fees, explain
in a cover letter what you are doing. The contractors may bounce it
anyway because they are instructed not to collect the ACWIA fee for an
amendment without extension. If they bounce it, send it back again with
an explanation and address it "Attn: Supervisory Review". If they
bounce it twice, then you've acted in good faith. Put the papers away
and keep them safe to show, in the event of future problems, that you
tried to do the right thing.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
