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Withdrawal of a H1b after Approval of H1 B

New York, NY |

Hi,
I am working for a company X in L1 b. My new company Y applied for a H1B premium visa. Is it possible for my Y company to withdraw my H1b after approval, so that I can continue working in L1B. Please clarify

Thanks

Attorney Answers 2


  1. You are not "switched" to the H-1B unless they applied for a change of status - if they didn't, you aren't on they H-1B unless you leave, get the H-1b stamped in your passport and return, which you aren't obligated to do.

    If they did and your status was changed as of October 1, leaving and reentering on the L-1B before that invalidates the change, resulting in the situation above (in other words, you stay on the L-1 as long as you don't get the H-1B stamp/reenter on the H-1b).

    Speak with an attorney for further guidance.


  2. Yes, but if your status was changed either 1) you will need to exit the US and reenter with a valid L-1B visa stamp, or 2) your employer will need to file a new I-129 to change your status back to L-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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