can employee withdraw approved H1B petition and deny employement

[pearlkhare81]

Hi All,

I am currently working with company A in USA. I entered USA on L1B which has already expired now but my I-94 is still valid for another 2 years.
Now my questions are

1. can I apply for H1B through other company B in April 2013?
2. If the H1B petition gets ***approved*** but due to some reasons I am not able to join compay B on october 2013, can I withdarw the petition?
3. In scenario in que 2, can company B force me to join them?
4. In scenario in que 2, can i still continue working with my old employer A?
5. In scenario in que 2, if petition is withdrawn, will it be nullified or it would still be valid if i find other employer C say in december 2013
6. In scenario in que 2, can i again apply for H1B next year? if yes, would i able to apply anymonth in 2014 or i would be able to file H1B application only in April 2014
7. In scenario in que 6, would I again be subjected to quota


Thanking you in advance

-pearl

[raghvi]

Hi All,

I am currently working with company A in USA. I entered USA on L1B which has already expired now but my I-94 is still valid for another 2 years.
Now my questions are

1. can I apply for H1B through other company B in April 2013?
2. If the H1B petition gets ***approved*** but due to some reasons I am not able to join compay B on october 2013, can I withdarw the petition?
3. In scenario in que 2, can company B force me to join them?
4. In scenario in que 2, can i still continue working with my old employer A?
5. In scenario in que 2, if petition is withdrawn, will it be nullified or it would still be valid if i find other employer C say in december 2013
6. In scenario in que 2, can i again apply for H1B next year? if yes, would i able to apply anymonth in 2014 or i would be able to file H1B application only in April 2014
7. In scenario in que 6, would I again be subjected to quota


Thanking you in advance

-pearl

Its not your petition, its the employer's petition.

1. Yes.
2. If H1 is approved from 01-Oct-2013 you should work only with H1 employer. Any employment with L1 employe rpast H1 approval date will be considered illegal.
3. Its not company B forcing you, its what you asked USCIS to do and as your status has changed you dont have any other option than to join B. There are two ways you can avoid this. Either file L1 to H1 as consular processing (in that case H1 will become active only when you go out of US and get H1 stamped. OR . to travel outside and return with fresh L1 stamped in your passport (as your current L1 has expired).
4. As mentioned above you can work with A only if you leave US and return on new L1 stamped in your passport.
5. Withdraw petition before approval but then you would not be able to use it for employer C. Filing as consula rprocessign might allow C to file an amendment to the underlyign H1 petiton later on.
6. If approved as consular processing the H1 can be used in any month but the new employe rwould have to file an amendment in case you want to avoid going out for h1 atamping.
7. No if applied as consular processign but again as said above an amendment would be required.

Why would you want to apply H1 with Employer B if you dont have intent of joinign them? If you just want to take advantage of getting cap counted by using B, file H1 as consular processing but I doubt Employer B would agree to that.

This is my opinion not legal advice.

[Kichi]

What if the L1 visa is stamped untill June 2015?

Its not your petition, its the employer's petition.

1. Yes.
2. If H1 is approved from 01-Oct-2013 you should work only with H1 employer. Any employment with L1 employe rpast H1 approval date will be considered illegal.
3. Its not company B forcing you, its what you asked USCIS to do and as your status has changed you dont have any other option than to join B. There are two ways you can avoid this. Either file L1 to H1 as consular processing (in that case H1 will become active only when you go out of US and get H1 stamped. OR . to travel outside and return with fresh L1 stamped in your passport (as your current L1 has expired).
4. As mentioned above you can work with A only if you leave US and return on new L1 stamped in your passport.
5. Withdraw petition before approval but then you would not be able to use it for employer C. Filing as consula rprocessign might allow C to file an amendment to the underlyign H1 petiton later on.
6. If approved as consular processing the H1 can be used in any month but the new employe rwould have to file an amendment in case you want to avoid going out for h1 atamping.
7. No if applied as consular processign but again as said above an amendment would be required.

Why would you want to apply H1 with Employer B if you dont have intent of joinign them? If you just want to take advantage of getting cap counted by using B, file H1 as consular processing but I doubt Employer B would agree to that.

This is my opinion not legal advice.

Hi Raghvi,

Mine is the similar case but I need to knowfrom point 3 and 4 that what is going to be the case if in case the Visa is already stamped untill June 2015 - will then I can continue the employment with Employer A on L1 either by having Employer B withdrawing the petition or cancelling the petition.

Also, is it that in this case then I have the option either to join the empoyer B or just be with the employer A..regardless of petition withdrawl?

Please help.

Thanks Kichi