New Jersey  |  Immigration Law

Legal Question

Asked on: 9/25/13, 6:37 pm

I have applied for H1B COS with employer B .

My L1 visa with Employer A will expire in mid 2014 & I want to work with Emp A now .

I can't leave US now.Please advice how to continue with L1 as Employer B is not withdrawing the petition. Till date H1B petition not approved and can I contact USCIS to revoke it now

1 Answer

Answered on: 9/26/13, 9:31 am by Marlene Hemmings

Only the Petitioner can withdraw an I-129 application for an H-1B visa. However, just because an I-129 application is approved does not mean that the Beneficiary has to work for the H-1B petitioner.

As long as you have an approved L-1 (A or B) visa &/or an approved I-129 petition to support that visa, then you can continue to work for the L-1 Petitioner.

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Marlene Hemmings, Attorney at Law 23371 Mulholland Drive, Suite 294 Woodland Hills, 91364

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