What are the options to abandon change of status?

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What are the options to abandon change of status?

Currently I am on L1 and have applied for H1 from new employer. I received RFE for H1B. Now I don’t want to go with H1B but my employer wont cancel as he has invested money in it. Will going to Mexico and coming back same day abandon my COS. Is it possible to come back on L1 once COS is approved?

Asked on October 6, 2012 under Immigration Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The L-1 visa that you have is solely a work visa and not an immigration visa good for a certain term. The H-1B visa is a specialty visa for a foreign worker to work in the United States for a certain term and is not an immigration visa.

If you terminate your H-1B visa or your employer does, you need to re-apply for an entirely different visa. Returning to Mexico for a short period of time should not jeapordize your L-1 visa IF it is set for a certain period of time.

To be sure, I suggest that you consult with an immigration attorney first in the United States before you return to Mexico


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