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Can H1 be transferred once employer withdraws it?

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  • Can H1 be transferred once employer withdraws it?

    My wife came to US on L2 as my dependent. I am on L1. She started working for company ‘X’ on L2 EAD in ’11. Company ‘X’ filed her H1 for 2012 around April’12 and got I797 A petition approved, which will be valid from Oct'12. However, in the meantime, company changed its name from ‘X’ to ‘Y’. Company ‘X’ filed legal papers with USCIS for making appropriate changes to H1 application. Before this process was completed, company ‘X’ had a layoff due to which my wife lost her job. She wants to continue with H1 status and do not wish to switch back to L2. Her current employer will withdraw her H1 application by end of August'12.

    1. Will her H1 be still valid and can she start working on H1 anytime post October, assuming that her new employer can just use the already approved petition? Or she needs to file fresh H1 and can only start working on H1 from Next October?

    2. Till the time she finds a new sponsor, she will continue with her L2. Do we need to file for change of status from H1 to L1B? Please note that, she was supposed to start working on H1 from Oct 1st'2012.

  • #2
    She needs to file change status to L2 immediately. If her EAD is still valid she may work using that or apply for new EAD based on L2 status. This assumes you are maintaining L1 status.

    If in future she finds another job, the employer can file a cap-exempt petition for her at any time. She can begin working after the petition gets approved with change of status.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      She needs to file change status to L2 immediately. If her EAD is still valid she may work using that or apply for new EAD based on L2 status. This assumes you are maintaining L1 status.

      If in future she finds another job, the employer can file a cap-exempt petition for her at any time. She can begin working after the petition gets approved with change of status.
      Thanks for the advice, I talked to lawyer and thing is I need to apply for change of status in this case. Thanks once again.

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