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What kind of attorney can help me seek options which may prevent my company from withdrawing my H1-B petition?

Houston, TX |

My Staffing company has filled my H1-B petition as of 04/01/2013, which then got selected on 04/08/2013 via lottery method. Interim i was on my OPT until 04/01/2013 and applied for Cap-Gap Extension with the H1-B petition receipt. As i got my status extended until October 2013, for some reason SEVIS did not update my work authorization, after an investigation we found out that was an error and was addressed to SEVIS. Now that error is under a fix and i have been waiting for SEVIS to do the data fix to provide me an work authorization. Due to No Work authorization i had to leave my job, which creates a problem for my company, as per them; They want to withdraw my petition (which is in initial stage as of today) due to having no project and company provides no in house projects). Please help

Attorney Answers 3


If there is no written contract, employment in the US is at will. For at will employment, there is nothing to prevent an employer from withdrawing an H-1B.

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.

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The company has the right to withdraw the petition at any time. Additionally, the company doesn't have any work for you to do. I'm sorry you're facing this situation. Best of luck to you.

Samuel Anthony (“Tony”) Silva - (901) 278-1004 (office) - This answer is only for general information purposes. It does not establish an attorney-client relationship. The answer I gave is based only on the facts that you have presented in your question and might change if the facts are different.

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I agree with my colleagues. You are in a terrible situation through no fault of your own. But a US employer does have the right to withdraw its petition.

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