CASE: H-1B Change of Employer
PETITIONER: Elementary School
BENEFICIARY: Filipina Elementary School Teacher
LOCATION: New Mexico
Our client is a public grant elementary school for native Indians in New Mexico. They contacted our office to seek assistance from for their foreign employee. The beneficiary is from the Philippines and she obtained her Bachelor’s degree in English. The proffered position for the Beneficiary is an elementary school teacher which we argued qualifies as a specialty occupation
The foreign beneficiary in this case already had her H-1B from her previous employer which was in a similar industry. She also has an approved I-140 petition which allows her to get a three year extension. Her H-1B status was not yet expired, and she wanted to extend her H-1B status on a change of employer basis.
After retention, our office filed the H-1B visa petition with various supporting documents on January 20, 2014 via premium processing. Since this petition was based on a change of employer, this petition was exempt from the annual cap of the H-1B. Thus, we could file prior to April 1, 2014.
However, the USCIS issued a Request for Evidence for this petition on January 30, 2014. The USCIS requested the beneficiary to submit her teaching license, employment verification with her most recent employer, and W-2 and pay stubs from her most recent employer. Our office helped the beneficiary and filed a Response to RFE to USCIS on April 25, 2014. Eventually, our client’s H-1B Petition was approved on April 28, 2014. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for the next three years.