Form M-735 - Optional Checklist For Form I-129 H-1b Filings Page 2
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3A corresponding Labor Condition Application (LCA) that has been certified by the Department of Labor (DOL) and
signed by the petitioner and attorney/representative, if applicable, is enclosed.
You are mailing the petition with appropriate labels to the California Service Center (CSC) or Vermont Service
Center (VSC), according to the filing jurisdictions and instructions listed at
All questions on Form I-129, H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement Pages 19
through 21, (particularly those in Section 3) are answered correctly (with a revision date of 12/23/16 or 01/17/17).
For older versions of the form (with a revision date on or after 10/23/14, but before 08/13/15), questions on Pages
19 through 21 (particularly those in Part C) must be answered correctly.
H-1B Regular Cap
1. Requested start date must be on or after 10/01/2017 and within six months of the filing date.
2. Includes current H-1B beneficiaries that were previously cap exempt and are now seeking to change to cap-
subject employment.
3. Select the box for Item A. in Item Number 1. on Section 3 of Page 20 of Form I-129, with a revision date of
12/23/16 or 01/17/17.
For older versions of Form I-129 (with a revision date on or after 10/23/14, but before 08/13/15), select the box for
Item A. in Item Number 1. on Part C of Page 20.
If you are filing your petition under the Regular Cap, indicate by printing "Regular Cap" at the top of Form I-129.
H-1B Advanced Degree Exemption
1. Requested start date must be on or after 10/01/2017 and within six months of the filing date.
2. Beneficiary has earned a master's (or higher) degree from a U.S. institution of higher education.
3. Select the box for Item B. in Item Number 1. on Section 3 of Page 20 and complete Question 2, Section 3 on
Page 20 of Form I-129 (revision date of 12/23/16 or 01/17/17).
For older versions of Form I-129 (with a revision date on or after 10/23/14, but before 08/13/15), select the box for
Item B. in Item Number 1. on Part C of Page 20 and complete Question 2, Part C on Page 20.
If you are filing your petition under the Advanced Degree Exemption, indicate by printing "U.S. Master's" at the top
of Form I-129.
Cap-Gap Petitions
1. Beneficiary's current status is F-1 (academic student) and he or she has not violated the terms or conditions of his
or her F-1 status.
2. Requested start sate on the I-129 cap subject petition must be 10/01/2017 and within six months of the filing date.
3. Must be requesting a change of status from F-1 to H-1B.
If you are filing a cap-gap petition, indicate that the beneficiary is eligible for cap-gap by printing "Cap-Gap" at the
top of the first page of Form I-129.
For more information regarding cap-gap, see our
Extension of Post Completion Practical Training (OPT) and
F-1 Students for Eligible Students under the H-1B Cap-Gap Regulations
page.
Form M-735 03/13/17 N
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