I-129 Question.

[kk7]

Hello Everyone,

I have a question regarding I-129 petition, My first time h1b was applied in 2009 while I was in OPT status, I recently came to India for H1b Stamping and got a 221g blue form from Mumbai consulate asking me to submit H1b petition documents along with project details, I have my I-129 applied in 2009 with LCA which was again applied in 2011 due to change of my work location, please advice if I can submit those documents and will it be a valid ( 2009 I-129 + LCA 2011) as h1b petition documents. Your advice will be much appreciated.

Thanks.

[shervin143]

If the work location (Client) has changed, then you have correctly filed a new LCA with DOL. But did you file a H1B amendment with USCIS? A new I-129 need to be filed.
https://www.immihelp.com/h1b-petition-amendment/

[kk7]

Thank you for the reply, my employer did not file for new I-129, now that the consulate is asking for my h1b petition documents, can I submit the I-129 i already have with new LCA, will be this be valid. Could you please advice what I can do. Your response will be appreciated.

Thanks

[shervin143]

You can try your luck. As per H1B regulations an H1B amendment need to be filed when the work location changes. Just amending the LCA alone is not enough.

Thank you for the reply, my employer did not file for new I-129, now that the consulate is asking for my h1b petition documents, can I submit the I-129 i already have with new LCA, will be this be valid. Could you please advice what I can do. Your response will be appreciated.

Thanks