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Subject: Re: H1 withdrawal by employee (Need Urgent Advice) Posted on: Fri, 11 Mar 2005 20:49:52 +0000 (UTC)


Sylvia Ottemoeller wrote:
> wrote in message
> news:1109734551.214929.282060@z14g2000cwz.googlegroups.com...
>
> > I am currently on L1. I applied for H1 through other company. I
don't
> > trust this company and want to withdraw the application. Currently
> > application has been opened and they have asked for further
evidence.
> > Looking at the evidence that they have asked for made me believe
that
> > this company is not really into good business practice. My question
to
> > all the gentlemen is:
> >
> > 1. Can I withdraw the application in current scenario when it's
open
> > and in state of "further evidence".
> > 2. If yes, how can I withdraw the application. Do I need to send an
> > e-mail to the immigration.
>
> You have a problem in that the employer is the petitioner and only
they can
> withdraw, as PKVG said. The problem won't come up if the petition is
> denied, only if it is approved. The prospective employer probably
requested
> that your status be changed from L to H, and on the date of approval,
that
> will happen. Suddenly, you will have no authorization to work for
the L
> employer, and if you don't start working for the H employer, you
immediately
> violate status.
>
> > 3. Would it have any implications on my future VISA processing.
>
> Yes, if you violate status. I think you should consult with a good
> immigration attorney. If nothing else, you could leave the U.S. and
> re-enter in L-1 status. That trip outside the U.S. would cause the
"change
> of status" part of the the H petition to be abandoned.

-------
Is there any implications on my file if this H1 gets rejected. I am
worried if my old file would be looked at if I try to pursue for H1
from other company. I believe if Visa is rejected couple of times, then
you are not eligible for a year.

Please advise.

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