Immigration FAQs H-1B Status Company A files an H-1B petition/change of status application for an F-1 student... Mission Statement
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| Company A files an H-1B petition/change of status application for an F-1 student... |
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| Written by Jose E. Latour | |
| Monday, 01 January 2007 | |
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Company A files an H-1B petition/change of status application for an F-1 student with valid post-graduate practical training and an Employment Authorization Document (EAD). The petition and change of status application are approved, but the alien never works for Company A. Company B would like to employ the alien pursuant to the EAD issued for student practical training while Company B's H-1B petition is pending. Is this permissible? According to the INS Office of Policy and Programs, under INS policy, the alien student lost his/her F-1 status upon approval of Company A's H-1B petition by the Service Center. If the alien does not commence work with Company A, he/she would be considered "out of status" and engaging in employment pursuant to the EAD prior to the approval of Company B's H-1B petition would be deemed unauthorized employment. Individuals who accept multiple job offers while in F-1 status and do not commence employment with the first employer to obtain H-1B approval may be subject to various penalties. |
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