Withdrawal of a H1b after Approval of H1 B

Asked about 2 years ago - 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. Stuart Jonas Reich

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . 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. J Charles Ferrari

    Contributor Level 20

    Answered . 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... more

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