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H1B status is showing initial review and left the company

Syracuse, NY |

I am in L2 EAD and my employer applied my H1B, it picked by lottery and current status is showing as initial review. Due to my health issue, i left the job and staying with my family.

My questions:- Is my H1B will approve or not? If yes, what is the procedure to transfer H1B to other employer?

Just in detail Currently I have L2 EAD and I can able to work and leave the job anytime but it is only depend on my husband (L1) visa. This year my former employer applied H1B and my application is picked by USCIS lottery, currently status is showing as initial review. Due to some health issue, I left the job and staying with my family. My Questions:- 1. Is my H1B will approved if USCIS don’t need any additional document? 2. By default if it will be approved, what will be happen? My L2 EAD will become invalid and my status change to H1B visa status. 3. As currently I am not working, if H1B will be approved then I need to look for the new employer who will transfer my H1B or I will not do anything and continue stay in US without any job 4. Will I approach to my previous employer and join the job again?

Attorney Answers 4

  1. A prudent employer would withdraw the I-129.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  2. I am not sure I understand your question. The employer's immigration lawyer and you should receive a copy of the approval or denial of your H1-B. It is best to talk to your employer's attorney.

    Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

  3. I don't think you'll ever be able to jump ship to a new employer. The current one will undoubtedly withdraw its petition on your behalf, upon advice of counsel .

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  4. Talk to the employer. If he does not withdraw the H1, you may be able to have another file a new H1 for you once this one is approved.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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