Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 17

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3. A crewman (D);
Extension of Stay
4. A fiancé(e) (K-1) or his or her dependent (K-2);
Extension of Stay For All Except Free Trade
Nonimmigrants
5. A J-1 exchange visitor whose status was for the purpose of
A petition requesting an extension of stay for an employee in
receiving graduate medical training (unless a waiver has
the United States must be filed with a copy of the employee's
been granted under section 214(l) of the Immigration and
Form I-94, Nonimmigrant Arrival/Departure Record, and a
Nationality Act);
letter from the petitioner explaining the reasons for the
extension. Consult the regulations relative to the specific
6. A J-1 exchange visitor subject to the foreign residence
nonimmigrant classification sought.
requirement who has not received a waiver of that
requirement; and
NOTE: Family members should use Form I-539 to file for an
7. An M-1 student to an H classification, if training received
extension of stay.
as an M-1 helped him or her qualify for H classification.
A nonimmigrant who must have a passport to be admitted
must keep that passport valid during his or her entire stay. If a
Change of Status to Free Trade Nonimmigrants
required passport is not valid, include a full explanation with
your petition. Where there has been a change in the
A Free Trade Nonimmigrant is a citizen of Canada or Mexico
circumstances of employment, submit also the evidence
coming to the United States as a TN or a citizen from Chile or
required for a new petition.
Singapore coming to the United States as an H-1B1 Free Trade
Nonimmigrant temporarily under the provisions of a Free
Where there has been no change in the circumstances of
Trade Agreement. A qualified employer may file this Form
employment, file your petition with the appropriate
I-129 for a citizen of one of the above countries if that citizen
supplement and with your letter describing the continuing
has already been admitted to the United States in a
employment, and:
nonimmigrant category eligible for change of status. Along
with the Form I-129 and related supplement (Nonimmigrant
1. If the petition is for H-1B status, submit an approved labor
classification based on a Free Trade Agreement Supplement),
condition application for the specialty occupation valid for
petitioners for Chile or Singapore H-1B1 nonimmigrants must
the period of time requested.
also file the H-1B and H-1B1 Data Collection and Filing Fee
Exemption Supplement to ensure accurate fee and data
2. If the petition is for H-2A status, submit a labor
collection.
certification valid for the dates of the extension, unless it is
based on a continuation of employment authorized by the
NOTE: Canadian or Mexican TN nonimmigrants can be
approval of a previous petition filed with a certification,
petitioned for by either a U.S. employer or a foreign
and the extension will last no longer than the two weeks.
employer. However, for Chile or Singapore H-1B1
nonimmigrants, the petitioner must be a U.S. employer.
3. If the petition is for H-2B status, submit a labor
certification valid for the dates of the extension.
In addition to the required information noted above under
"Change of Status," submit the following:
Extension of Free Trade Stay
1. A letter from the employer stating the activity to be
NOTE: Canadian or Mexican TN nonimmigrants can be
engaged in, the anticipated length of stay, and the
petitioned for by either a U.S. employer or a foreign
arrangements for remuneration;
employer. However, for Chile or Singapore H-1B1
nonimmigrants, the petitioner must be a U.S. employer.
2. Evidence that the alien meets the educational and/or
licensing requirements for the profession or occupation
An employer requesting an extension of stay for an alien with
(including, for citizens of Chile, the post-secondary
a nonimmigrant classification based on a Free Trade
certificate for Agricultural Managers and Physical
Agreement should follow the above instructions. Submit with
Therapists that is accepted by the U.S. Department of
your extension request:
State if the citizen of Chile is receiving a nonimmigrant
free trade visa overseas); and
1. A letter describing the continuing employment;
3. For citizens of Chile and Singapore, a U.S. Department of
2. The newly requested length of stay;
Labor issued certified labor condition application.
Form I-129 Instructions (Rev. 12/04/09)Y Page 17

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