L2 to H1B - withdraw H1B

[Shivayay]

Hi Experts,

My employer have filed my H1B application for the current year 2012-2013. It was a normal process and now the status shows "Initial review".

Currently I am on L2 and I have a valid EAD till Feb 2013. I want my employer to withdraw my H1B application, When I spoke to my employer he said that we applied for H1B visa as well as for the status change within the country. We also took the legal advice from our employer's attorney on whether we can withdraw and when can we do so. We got the advice from the attorney saying that withrawal can be at any time during the process. is this true?

And as I am L2, our L1/L2 visas and my EAD all expire in Feb 2013. My husband's L1 Employer is applying for L1/L2 extensions ASAP. So this way my EAD also I can extend and continue on EAD. So i do not require H1B. My employer says he would not withdraw the application as we spent money any way but would give USCIS a notice not to proceed with the change of visa status. Instead they are arranging for an interview from a foriegn country(like in case I want my H1 to be activated, I need to attend an interview there and get the stamping). Is this possible and will this affect our L1/L2 visas at any chance?

I am not bothered about the money I spent but I dont want my spouse's L1 to get affected at any means due to this H1B filing of mine.

Please advice me if me and my employer are going in a right path.

Thanks a lot of your advice in advance.

Thanks & Regards

R.

[pontevecchio]

If your H1 is approved with COS you should just plan to be out of the country a few days before October,1 and come back on the L2 visa after October,1. Even if you leave the country now and return in a few days the H1 COS will be deemed denied though the petition may still be approved. Why did you spend your money? A lawyer may help in solving your problem.