Can my H1 petition be cancelled before or after approval

USA H1B Visa
1

Hi,

I am currently on L1(Working for Employer A) valid till July2013 and valid I94 till 2016 and my wife is on L2 with I94 till 2016.

And Employer B filed for my H1 B in April and is is picked up and being processed(not yet approved).

I am planning to continue on L1 with valid I94 post October.Is ther a way to cancel H1 B petition before or after approval? Is there a way to continue for Employer A with valid L1 I94 without cancelling H1B petition?

-Thanks

Ashok

2

You can ask B to withdraw the petition (they may or may not be happy about it).

The other option is to let the petition get processed and see if it gets approved w/ COS. You can then take some action to invalidate the COS, which includes:

  • traveling outside of US while H-1 is still pending (abandons the COS)

  • leaving US after COS approval and returning on L-1 visa (will put you back in L-1 status)