Resignation within a year after H1 B approval
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Resignation within a year after H1 B approval
My current visa status in the U.S. is L2 EAD. For further job sponsorship, my employer is filing H1-B visa petition for me this year. Also, I am 10 week pregnant with due date in Aug. I want to understand, if I am legally bound to my employer for working a whole year once the petition is approved ? What happens if due to any circumstance I resign, apart from change of status from H1 to L2 ? Do I need to pay my company cost of H1 filing ?
Asked on January 28, 2017 under Immigration Law, Illinois
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Please explain why you are contemplating switching from L-2 ead to H-1B? H-1B is typically more limiting in that you are bound to work for that employer only whereas L-2 ead allows you to work for any employer. Is your spouse changing positions where he is not going to be eligible for L-1 any more? realize too that the H-1B is not a guarantee if it is a 1st time H-1B. It will be subject to a lottery and not a guarantee that your petition will be selected in the lottery.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.