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  #1 (permalink)  
Old 11-25-2009, 02:45 PM
Member
Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
:
02/20/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Default H1b transfer to Mississippi and confused about filing location

Dear all,

I have got a employment offer from employer in Mississippi. I am currently in H1B status. When I am looking for filing address, I am confused by the following information on the I-129 instructions sheet:
Regular Processing
Except for the classifications listed below, Form I-129 is filed either at the CSC or VSC, depending on the location of the temporary employment.

Exceptions:
Additionally, H-1B employers filing petitions which are cap exempt must file at the CSC.

My question #1, I am cap exempt due to H1b transfer so I should file to CSC but employer location is in Mississippi so I should file VSC as per employer location.

Please clarify me the filing location.


My question #2, In sections 2.2 and 2.5 of I-129 form, am I currect If I check e for 2.2 and c for 2.5??

Appreciate your timely response

Thank you
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  #2 (permalink)  
Old 12-04-2009, 10:17 PM
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N/A
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shahpeerally is on a distinguished road
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Re: #1

Good question.

The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.

Re: #2

Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."

Section 2.5 should be "c."
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