My sitation:I worked using H1B for a university for two years ago., then I went school again and got a phd. Now i am working for a company and i have the diploma. The company is sponsoring H1B for me. Today, I just get the copy of my h1b application package. I found some problems with the H1B application form:
In the "H1B Data collection and Filling Fee Exception Supplement" Form,
Part C: " Numerical Limitation Exception Information "
Item 5: "Has the befinificiary of this petition been previously granted as an H1B nonimmigration in the past 6 years and not left the United States for more than one year after attaining such status.".
The lawyer checked "Yes"which is right becuase I used to work for a university.
Item 6: " If the petition is to request a change of employer, did the beneficiary previous work as an H1B for an institution of higher education, an entity related to or affiliated with an institution of higher education. or a non profit research organization or government research institution defined in questions 1, 2., 3 of part C of this form."
The lawyer checked "NO"
MY qestion is that is the lawyer right by checking "NO"?
it seem to me, "NO" mean my previous h1B is not from the univesrity catelog. USCIS might consider it as a transfer case.
Do I need to ask the lawyer refile the case, if he is not right?
Thanks,.
JP