What is I-129 and i-797?
The I-129 is a multipage form that your employer submits to the INS. I-797 is usually a single (double sided) notice with a statue of liberty watermark. If no I-94 is attached, the INS usually states the reason why on the notice itself.
What is Form I-129 used for?
The Purpose of Form I-129 This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien beneficiary to come temporarily to the United States as a nonimmigrant to perform services or labor, or to receive training.
Who should fill I-129 form?
The I-129 petition can be filed for the following employment-based nonimmigrant visa categories: Temporary workers qualifying for H-1B, H-1C, H-2A, or H-3 status. Aliens of extraordinary ability qualifying for O-1 status, and their assistants who qualify for O-2 status.
What is an I-797 form?
Form I-797, Notice of Action, is issued as a result of an application or a petition submitted to the USCIS. Foreign nationals might have Form I-797 as a result of a request to change from one non-immigrant classification to another, or because a petition has been filed on their behalf by an employer or other entity.
What happens after approval of I-129?
Following the approval of the I-129F, the NVC will review your case, perform background checks, input your details into the Department of State’s database, and assign you a case number.
What happens after I-797 approval notice?
I-797, Notice of Action USCIS issues this once they reviewed the case and then determine its approval. Depending on the petition type, it either means you will receive your green card soon, or USCIS has forwarded your case to the next agency to move your application or petition forward.
How long does it take for the I-129 to be approved?
After filing Form I-129F, Petition for Alien Fiancé, it may take approximately 6 to 9 months to obtain a K-1 visa. It may be shorter for some and longer for others. As explained, the K-1 processing time can vary based on the agencies that adjudicate the many steps.
When can I file I-129?
The I-129 petition cannot be filed earlier than six months before the employee’s start date. USCIS processing times for I-129 petitions vary, depending on where the petition is filed and the nonimmigrant status being requested.
What is the fee for I-129?
$460
The fee for the regular I-129 petition for a nonimmigrant worker is $460. Payment should be made by business or personal check, money order or cashier’s check, payable to “Department of Homeland Security.” Separate checks should be used for each fee paid.
What is H Classification Supplement to Form I-129?
The I-129 Supplement for H Classification needs to be completed by employer petitioners sponsoring a foreign national in any primary H visa classification. These classifications include H-1B, H-2A, H-2B, and H-3. (Also see Improving Your Changes of Getting an H-1B Visa.)
Is I-797 same as visa?
U.S. Citizenship and Immigration Services (“USCIS”) issues an I-797 Notice of Action when a nonimmigrant petition or application is approved. The I-797 reflects the visa classification (H-1B, L-1A, etc.) the foreign national has been approved for and the validity period for the nonimmigrant status authorized by USCIS.
Is I-797 same as green card?
Form I-797F is a transportation letter that’s issued overseas to allow applicants to travel to the United States. It’s typically issued to lawful permanent residents (green card holders) who are outside the U.S. and whose green card is lost, stolen or mutilated.
What do you need to know about the I-129 form?
What Is an I-129 Form? The Form I-129 is a petition for a non-immigrant worker – a form that employers looking to fill a position with a foreign national will have to fill. It is a very common type of work visa, and may also be able to change the status of someone already within the borders of the US – but is not permitted to work.
What’s the difference between I-797 and i-129-h1b?
Form I-797 (various types designated with a letter) is a notification document from the USCIS (e.g. notice of receipt, notice of action). As posted on the USCIS web site “Form I-797 is NOT a form you can fill out.”
Can a person change their status on an I-129 visa?
It is a very common type of work visa, and may also be able to change the status of someone already within the borders of the US – but is not permitted to work. Therefore, form I-129 can give new status as well as update an old status to a different one.
Do you need to fill out Form I-797?
Form I-797 is NOT a form you can fill out. Issued to communicate receipt or approval of an application or petition. Issued to an applicant as a replacement Form I-94. Issued for approval of an alien worker petition.
