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Can my employer withdraw my I-129 Petition?

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  • Can my employer withdraw my I-129 Petition?

    Hi,

    My name is Kanka Ravi and i work for a IT firm here in Hyderabad, India.

    I was offered a job in US by an US based employer and he filed my application etc for the FY 2015-16 and this got approved. My new employer has insisted me to come to US on a B1/B2 (which i already had previously) in August 2015 and then go back to India for H1b stamping in oct 2015.

    Upon asking the new employer never shared my case number but by chance I got hold of it and then i cam to know that my I-129 petition has been approved. I suspect that the new employer is hiding something from me an he never shared any details or process for my H1b. I refused to visit him on B1/B2 and then he asked me to land US on my H1b. ( He demanded the H1B filing cost which I refused)

    Over these months I did not have very cordial relations with the new employer. My question is can he withdraw my I-129 petition ? What should I do ? Now since the I-129 is approved what would be the next steps? and since this is already approved and I want to relocate to US for work can I look for another employer? Please advise.

    regards,

    Kanka

  • #2
    It is their petition, they can withdraw it if you don't want to work for them.

    If you want to work with another employer, that employer will have to file a petition for you. It used to be cap-exempt, but recently that has been possible only if you use the first petition and work with the first employer.
    This is my opinion and not legal advice.

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