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H1 withdrawn before the approval or denial. Do i have to tell my new employer about it now?

Chicago, IL |

Pls help.
I was in a company in india, i came to US and filed H1B thru another employer. But even before the final approval/denial came, my employer withdrew the application for some reason.. So officially i never got my H1 status. I came on F2 and im currently on F2 only.
Now my company from india wants to keep me in US and they want to do my L1B.
Do i have to tell them about my previous H1 application, which was anyways withdrawn without any change in my current visa status ?
I don't want to tell me employer about this. Am I liable to tell them ?

Pls help.

Attorney Answers 3


  1. Best answer

    You don't have to tell your employer and it should have no bearing on your L petition.

    Khaja Din


  2. The issue does not concern an L visa petition if you were never granted H-1B status.


  3. I agree with my colleagues.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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