Change In Filing Address For Certain H-1B And H-1B1 Petitions

H-1B employers must keep in mind the recent change in filing address for certain H-1B and H-1B1 petitions.

Starting July 1, 2016, the Nebraska Service Center (NSC) began accepting Form I-129 H-1B and H-1B1 (Chile/Singapore Free Trade) petitions that requested

  1. continuation of previously approved employment, without change, and with the same employer; and
  2. any of the following actions:
    1. notifying a U.S. Consulate, Port-of-Entry, or Pre-flight Inspection facility so that the beneficiary can obtain a visa or be admitted; or
    2. extending the stay of the beneficiary.

The NSC also began accepting Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) applications from qualifying H-4 nonimmigrants that are concurrently filed with any Form I-129 petition as above.

H-1B employers must take note that while California and Vermont Service Centers currently continue to accept the above Form I-129 petitions, and any concurrently filed Forms I-539 and I-765 applications, starting September 1, 2016, only the NSC will accept them.

NOTE: Petitioners who are exempt from the H-1B cap, or are filing a cap-exempt petition to employ the beneficiary at an institution of higher education, nonprofit entity related to or affiliated with an institution of higher education, a nonprofit research organization, and/or a governmental research organization, should continue to file their H1B cap exempt petitions with the California Service Center.

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