CASE: H-1B Change of Employer
PETITIONER: Public School District (Nonprofit Organization Affiliated with an Institution of Higher Education)
BENEFICIARY: Filipino Math Teacher
LOCATION: Casa Grande, AZ
Our client is a public school district affiliated with several institutions of higher education. They contacted our office in June 2022 to seek a legal assistance from our office for their foreign employee. The beneficiary is from the Philippines and obtained his Bachelor’s degree in Education. The proffered position for the Beneficiary is a Math Teacher which qualifies as a specialty occupation.
The foreign beneficiary in this case already had his H-1B visa from his previous employer. However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status on the change of employer basis.
Our office prepared and filed the H-1B visa petition with various supporting documents on July 15, 2022. Since this petition was based on a change of employer, this petition was exempted from the annual cap of the H-1B. Thus, we could file prior to the April 1. On November 14, 2022, the USCIS issued a Request for Evidence (RFE) and requested our client to submit evidence that the foreign beneficiary has maintained his H-1B status until this H-1B application was filed. Our office prepared and filed the Response to RFE on December 5, 2022. Eventually, our client’s H-1B Petition was approved on January 11, 2023. Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for the next three years.