CASE: H-1B Extension
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 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 our client last year. She also has an approved I-140 petition which allows her to get three year extension. Her H-1B status was not yet expired, and she wanted to extend her H-1B status.
After retention, our office promptly filed the H-1B visa petition with various supporting documents on December 13, 2017 via regular processing. Since this petition was based on an extension, this petition was exempt from the annual cap of the H-1B. Thus, we could file prior to April 1, 2018. Eventually, our client’s H-1B Petition was approved on March 8, 2018 without any RFE. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can continuously work there.