In a recent letter to Minnesota immigration attorney Matthew Oh and reported by the American Immigration Lawyers Association, the Immigration and Naturalization Service addressed the following situation:
- Alien is admitted in H-1B status to work for Employer A
- After arriving in the US, another employer, Employer B, petitions for the alien
- Before the INS approves the change of status petition, the alien leaves the US
- The INS approves the change of status petition while the alien is outside the US
- The alien reenters the US and continues work for Employer A
The specific question asked was whether the alien could then begin working for Employer B. The INS states that the alien can immediately begin work for Employer B and Employer B need not file a new petition on behalf of the alien. The fact that the alien was outside of the US when the petition was approved is not considered to be relevant.
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