简单案子,同一单位受剥削近6年,Nov. 1,07 6年用完. my boss ted application for 7th ys on June 11, and he received a return letter from Wermont on July 5th with all papers he sent and a notice of action, 3 pages in one envelope.
the notice shows (the items with *)
I-129 base fee $190;
ACWIA fee for eemployers with 25 or less full time US employees $750;
(fee can not be paid by beneficiary)
Avalid Labor Condition Application was not ted with your filing.
Your I-129 petition and fee are being return to you
You did not include a properly completed USCIS Form H1B Data Collection and Filing Fee Exemption Supplemeent.
my boss required DFLC for the valid document for labor condition and got another screen shot from DFLC Dallas Backlog Elimination Center yesterday that we believe should be work this time.
My question is that if my boss should pay the $750 or not if he supplies the new screen shot to prove the Labor condition Application is valid and in process. My understing for the answer is he should not pay ACWIA fee.
quote from I-129 Instructions (Rev.04/02/07)Y Page 4 and 5:
Completing Part B of the Supplemental Form.
A U.S. employer seeking an exemption from the $1,500.00 or $750.00 filing fee must complete Part B. A U.S. employer is exempt from payment of the additional $1,500.00 or $750.00 filing fee if:
......or
......or
This petition is the second or subsequent request for an extension of stay filed by the employer regardless of when the first extension of stay was filed or whether the $1,500.00 or $750.00 filing fee was paid on the initial petition or the first extension of stay; or
.....or
Am I right?
thanks.
the papers list: (those my boss sent first time for 7th ys)
1, check for filing fee, $190.00
2. Employer's letter
3. Form I-129 for H1b extension
4. Perm Backlog Case Event: Screen shot of DFLC Dallas Backlog Elimination Center
5. ***'s Passport
6. ***'s Visa & Form I-94
7. Texas Prevailing Wage Information Request Form
8. SRC-02-011-***** Approval Notice H1B1
9. SRC-04-191-***** Approval Notice H1B1
pay attention to the former screen shot that my boss got by email from DFLC on Jan 22nd, 2007. Is the shot expiration the reason that make the officer in Vermont believe it is not a valid Labor Condition Application evidence?
What other documents else should we ?
thanks.