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Currently on L1, Can I withdraw H1 application?

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  • Currently on L1, Can I withdraw H1 application?

    I am L1 visa and my wife on EAD....... Both me and my wife have applied for H1 visa this year and waiting for lottery.

    Scenario : If my wife's H1 is rejected and my H1 is accepted. .....

    Q1: Can I withdraw my H1 and continue on L1 visa, so that my wife can maintain her EAD?.....

    Q2. If yes, Next year when both of us apply for H1 again, would both of us have to fall under quota. Or would I be

    considered outside quota based on 2013 H1 approval.?

    ----
    Same employer with whom I am working on L1 has applied for H1B as well;

    My L1 was renewed recently and is valid till early 2015.
    Last edited by guydesi; 04-15-2013, 02:33 AM.

  • #2
    Originally posted by guydesi View Post
    I am L1 visa and my wife on EAD....... Both me and my wife have applied for H1 visa this year and waiting for lottery.

    Scenario : If my wife's H1 is rejected and my H1 is accepted. .....

    Q1: Can I withdraw my H1 and continue on L1 visa, so that my wife can maintain her EAD?.....

    Q2. If yes, Next year when both of us apply for H1 again, would both of us have to fall under quota. Or would I be

    considered outside quota based on 2013 H1 approval.?
    Till when is your L1 I-94 valid? Till when is L2 I-94 valid?

    Was L1 to H1 applied as COS? Was L2 to H1 applied as COS?


    This is my opinion not legal advice.

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