H1B cancel - Urgent

[jugnu_22]

Hello,

My H1B is picked up in the lottery and still awaiting approval.
Can I ask my employer to cancel my H1B ?

The employer told me he can do it only after it is approved.

Please let me know how and when it is done.

Thanks.

[txh1b]

What is the motive?

[jugnu_22]

Because I'm happy with my current employer who has my L1B.
Let me know what should be done.

[txh1b]

Even if the employer cancels it, USCIS may take a while to act on it. Can be done. If this happens after H1b is approved, then you will fall out of status from Oct 1st if it was a COS.

You will not fall back on a previously held status if a COS approved H1b is cancelled.

[jugnu_22]

Thanks TxH1b.

I did not get the meaning of the sentence "You will not fall back on a previously held status if a COS approved H1b is cancelled". Please explain.

Yes, my H1B was done with a COS and I'm awaiting the approval. It may come anytime now.. This means if I do not do a leap frog, my H1B will start on Oct 1 and my L1B will become invalid.

If I do a leap frog, I can come back with my L1b and continue working on L1b.
Now, if I tell an employer that I do not want H1B anymore, will he send a request to USCIS to cancel my H1. If he does, will I lose my L1B also ?

Will this cancelation affect if I further go on to extend my L1B status next year by May 2009 ?

My intention is to retain my L1. Please help.

[txh1b]

If your H1b COS gets approved and then your H1b cancellation goes through with USCIS, you do not have a status after Oct 1st.

If a L1-H1 COS was approved and then a revoke of the H1 put an employee out of status but not back on L1 even if it is valid.

A leapfrog travel is inevitable to reduce any damage to your status. The reason I say this is even if the employer revokes the H1b, USCIS does not act on it immediately and in those cases, you will become out of status as your status change was already approved. Talk to your lawyer as you seem to have doubts about the legality.

[jugnu_22]

Thanks for a quick reply. I'll definitely do a leap frog. Yes, I need to talk to a lawyer.
But if you don't mind, could you clear the following doubts. Hope this is not pissing you off:

1) You said "If your H1b COS gets approved and then your H1b cancellation goes through with USCIS, you do not have a status after Oct 1st.".
This means my H1B status will be out of status and L1B will remain if I do leap frog, correct

2) You said "If a L1-H1 COS was approved and then a revoke of the H1 put an employee out of status but not back on L1 even if it is valid."
If I come back after on Oct 20 to the US after leapfrog, I'll have by L1 but h1 will be out of status. I understand this. If after Oct 20, the H1 employer decides to cancel my H1B, USCS will cancel this after a while. But I need to know will this cancel my L1 also ?
If both my visas get canceled, then I think I cannot work anymore in the US then, correct?

3) You said "A leapfrog travel is inevitable to reduce any damage to your status. The reason I say this is even if the employer revokes the H1b, USCIS does not act on it immediately and in those cases, you will become out of status as your status change was already approved. Talk to your lawyer as you seem to have doubts about the legality."
This means L1B will be with me after leap frog and H1 will get canceled byt USCIS after a while. But when they cancel I'll out of status of both the visas ?

Please let me know. I need to think clearly before I talk to somebody.

[txh1b]

Last action rule holds good. If you enter US after Oct 1st on L1, you status remains L1. H1b will not impact L1 petition.

Any status change impacts the person holding the status not the petitions.

[jugnu_22]

Thanks for ur quick reply. U seemed to be an expert.
I have seen many threads that u answered.

Yes, I have decided to do "leap frog". Will go to India on Sept and come back end of Oct. This will help me work on L1.

What if my I tell H1 employer about my plans and he cancels / revokes my approced H1 with COS before Oct 01? Will this impact my L1B also because L1 status has got changed to H1?

[impfiji]

H1B - position terminated prior to its start on October 1st

Hi,

this is my case : my employer-sponsor terminated my upcoming position before its prior start in October 1st.

I already got the H1-B visa in my passport but as far as I know the visa is not valid anymore.

Questions :

1.- Would be the right way to proceed to travel as a tourist to the states,then try to find a new sponsor and then travel back to my home country in order to get the visa again but with the new employeer-sponsor?

[irlasubbu]

How much time will take to cancel H1B(Initial review stage)?

I am working in XYZ; and I got L1B after that I have process the H1B with same company. Now it is in Initial review stage and Now I need to travel to USA and when am about the travel my manager told that I should not travel due to I have applied by H1B. So Now i am canceling H1B Visa as per my manager instructions.
1.Kindly advice why should not travel with L1B when I am processing H1B?
2.How much time will take to cancel H1B(Initial review stage)?