QUESTION

If my H4 didn't got approved by October, can I withdraw my petition for L1 to H4 COS and if yes, what will happen to status from July end to October?

Asked on Jul 02nd, 2014 on Immigration - California
More details to this question:
I am currently on L1 visa and we applied for H1B (with change of status) on April 2014. Quota in regular processing with COS. My H1 petition is currently in RFE and might take end of August/September for approval. If my H1B is approved, I can work on H1B from 01 October 2014. My L1 I94 is valid up to October 2016 but as current project with my employer is going to get over, my employer asked me to return to home country by end of July. Up to October 2014, I can continue on H4 by applying COS based on my husband's petition. From October, can I work automatically on H1 or COS is needed from H4 to L1? What will happen if my H4 got approved later after October? What will be my status? Will the last action rule gets applied and will I be in H4?
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1 ANSWER

Employment Immigration Attorney serving Newark, CA at Law Office of Tripti S. Sharma
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Your question is very confusing. Since H-1B has been filed in your behalf and if the company retained an attorney, the attorney should be able to guide you with respect to your future employment with the company.
Answered on Jul 07th, 2014 at 5:12 AM

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