What is a “Nonfrivolous” H1B petition?
In most instances applicants must either hold Post Completion Practical Training (a type of work authorization) or wait for the H-1B visa application to be approved before beginning to work. However, recently a change in the law allows an H-1B worker to change employers as soon as his/her new employer submits a “nonfrivolous” H-1B petition to the USCIS. In order to be qualified for this provision, the applicant must have been lawfully admitted to the U.S., the new petition must have been filed before the expiration of the period of stay authorized by the Attorney General and the individual must not have been employed without authorization in the United States before the filing of such petition.
