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Got L1B from employer A.. H1B filed by emp. B and accepted from lottery.Asking B to withdraw.is it possible.Will L1B be valid

Charlotte, NC |

Got L1B visa approved from employer A. Employer B filed for H1B petition. And the lottery had picked up the petition. I went to B to ask them to withdraw my H1B petition .But they are saying not possible. Is it true. I want to continue with employer A . What are the options.

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Attorney answers 3

Posted

If you want to continue with employer A. Ask employer A to file another petition for you as L or if you receive approval for H-1B ak employer a to file H-1B petition for you.

919.225.3963
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2530 Meridian Parkway, Suite 3050
Durham, NC 27713

Posted

Make sure you have a valid L-1B and that you have tim left for extension of teh status in the future if you prefer to work for employer A on an L-1B status.

You can ask Employer B to withdraw the LCA and send a letter withdrawing the H-1B petition, along with proof that the LCA has been withdrawn and the H-1B receipt so that USCIS can put these together.

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Posted

Yes. WHy filed. Two stools are sometimes better looking together but not necessarily more conformable to sit on.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.