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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106879
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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If my employer withdraws my H1- before it is approved, do I

Customer Question

Hi
JA: Hi. What seems to be the problem?
Customer: If my employer withdraws my H1-B before it is approved, do I need to enter the lottery system next year?
JA: OK. The Immigration Lawyer will need to help you with this.
Customer: ok
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Unfortunately, you would not have been counted against the cap if the H-1B is not activated and by activated that means an approval AND going to work for the petitioning employer, or getting at least the H-1B visa stamp done at a U.S. Embassy or Consulate. If the H-1B is not activated, you are not considered to be counted against the cap and would thus have to go through the lottery the next year.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 7 months ago.
Is there any chance of getting my H1-B transferred?
Customer: replied 7 months ago.
it is still in the processing and not approved and my employer wants to withdraw the application now
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

A transfer means you have to have the H-1B status first to be able to transfer it and for that to happen you have to have the approval and go to work for the petitioning employer. So if your employer withdraws, you won't be able to transfer. I am truly sorry. I wish I had better news for you.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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