Resignation within a year after H1 B approval

UPDATED: Sep 30, 2022

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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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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