Advice: Withdrawing green card process to clear path for H1B1 sponsorship & dream job

Hi all - I am currently on an L1 visa and have applied for AoS for a family sponsored green card. My i-130 has been approved, but I missed my biometrics appointment back in October as I had a family emergency, and have still been waiting for a new appointment. Meanwhile, I just got my dream job offer.

The company’s lawyers have advised that they cannot sponsor my H1B1 visa while I’m in the process for the green card. They are willing to wait up to six months for my green card to come through, but there’s a risk that the AoS process would not wrap up by then.

I qualify for the H1B1 work visa, a sub-category of the H1B. The key differences are that you can apply for H1B1 throughout the year, it doesn’t require a lottery and approvals take 2-3 weeks. BUT it is non-dual intent.

This is a dream role and company for me. The main reason my partner and I applied for a green card to begin with was so that I would be able to apply for new jobs without any barriers, rather than because I was set on US being my permanent home. I’m fully aware withdrawing the AoS / green card and staying on a temporary work visa means more immigration instability in the long-term, and that’s ok with me.

Would anyone know: Once USCIS acknowledges my withdrawal, would that clear the way for the company to apply and sponsor a non-dual intent work visa? Will there be a cooling off period in between? The last thing I want would be to withdraw the green card and also not be able to get the work visa. Any advice would be great. Also planning to speak with an immigration lawyer next week, but was hoping for additional intell.

submitted by /u/phillodendron
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