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Is it possible to withdraw wife's H1-B to continue on her L1-A?

Cleveland, OH |

I’m currently on an L2 - EAD authorized till 08/2013. My wife is on an L1-B expiring in 08/2013 and has received an extension change of status L1-A expiring in 2015. I’ve also received my L2 extension and applied for EAD extension. In April 2013, my wife’s company (same as current L1 employer) applied for an H1-B change of status for her and my company applied for an H1-B for me. Her H1-B application has been picked up in the lottery and has received a receipt number. My H1-B application was not picked up in the lottery.

Q.1. Is it possible for my wife's H1-B application to be withdrawn so she can continue on L1-A status?

Q.1A. If yes, should we wait for the approval notice to do so?

Q.1B. If yes, can her H1-B approval be used next year if required?

Attorney Answers 4


One can always withdraw an application.

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Yes you can withdraw the application. The mere fact that her application for H1-B was selected from the lottery does not guarantee that her application will be approved. As always, it is best to consult an immigration 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.

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1. Yes.
1A. not necessary.
1B. it depends on what you choose to do. Best Wishes!
Lalita Haran
Attorney: Immigration Law
13295 Illinois St Ste 128
Carmel IN 46032
Ph: (317) 660-6174

Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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Withdraw the H1 before it 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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