7.7.1 Completing Form I-9 for Nonimmigrant Categories When Requesting Extensions of Stay

7.7.1 Completing Form I-9 for Nonimmigrant Categories When Requesting Extensions of Stay

You must submit a timely filed Form I-129 (or I-129CW) petition to USCIS to request an extension of stay on behalf of an employee in one of the above categories. While the petition is pending, your existing employee is authorized to continue to work for you for 120 days, 240 days, or longer, depending on the category petitioned for, or until USCIS denies your petition, whichever comes first.

Keep the following documents with the employee’s existing Form I-9 to show that you filed for an extension of stay on their behalf:

  • A copy of the new Form I-129 or Form I-129CW;
  • Proof of payment for filing a new Form I-129 or Form I-129CW
  • Evidence that you mailed the new Form I-129 or Form I-129CW to USCIS.

After submitting Form I-129 or Form I-129CW to USCIS, you will receive a notice from USCIS acknowledging that your petition is pending; you should keep it with the employee’s Form I-9. After you receive the I-797C, Notice of Action, which bears the amount of the filing fee submitted and  acknowledges USCIS’ receipt of the new Form I-129 petition, it is not necessary to maintain a copy of the Form I-129 application, proof of payment, and mailing receipt for Form I-9 purposes. You should retain the I-797C, Notice of Action to show that you filed for an extension of stay on the employee’s behalf.

If USCIS approves the application/petition for an extension of stay, you will receive a Form I-797A, Notice of Action which includes an expiration date and an attached Form I-94A, Arrival/Departure Record. Enter the document title, number and expiration date listed on the notice in Section 3 of Form I-9. You must give your employee the Form I-94A, which is evidence of their employment-authorized nonimmigrant status.

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