Can i withdraw H1 petition?


H1 amend + ext file on 08/10/2018
petition denied on - 09/03/2018
My I-94 expired on - 09/17/2018
refiled with same employer H1 amendment + ext filed on - 09/09/2018 (CSC), case transferred to Nebraska on 11th Dec 2018
H1 to H4 COS filed
COS to H4 approved

My question here is, can i withdraw my pending H1 amend + ext petition?

Withdraw H1B Pending application

You can file for withdrawing your pending H1B Amendment application. But, the request has to be sent by your employer to USCIS and not you.

Thanks for quick reply Anil.
So withdrawing the petition doesn’t make my stay illegal between these dates 09/17/2018 - 01/31/2019?
its the period my I-94 expired till i changed to H4 starting Feb 1st

It should not affect your time between your H4 approval and i94 expiry.

I think your employer would have already filed for withdrawal as you are not working for them currently. That’s their legal obligation anyway to inform USCIS as soon you stop working.

My employer hasn’t withdraw-ed the H1 amend + ext petition yet, They want to wait till they hear response from uscis on the pending application.

The chances are high that they will receive an RFE and then they will withdraw as they won’t be able to respond to RFE.

Thanks. Appreciate your response.

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Hi Anil,
I just came to know my H1B petition was approved on Mar 15th - updated on dhs website (unknowingly my employer has sent a withdrawal letter on the same day)
Meanwhile I filed for H4 ext along with my spouse’s H1 in PP on March 11 (As i moved to H4 while H1 ext was pending)

Will USCIS deny my current H4 ext petition , thinking that i am on H1 now?

USCIS will NOT think. They will just work on the application as per the request and will approve your H4 irrespective of whether you have H1 approved or not.

Is my current status going to be H1?

Also my employer has sent withdrawal notice, how long does it take for petition to be revoked?

Your current status is same as earlier until the H4 COS is finally approved.

Sorry i think my question was not clear

So I am currently on H4 starting Feb 1st 2019
H4 extension applied on March 11th
Pending H1 extension application approved on March 15th (applied in SEP 2018)

So does that mean i am still on H4?

How did you get on to H4 status from H1B?
Did you file H4 COS application or got H4 visa stamped in passport and when did it happen?

I filed for H4 COS in Sep 2018 while my H1 ext was pending (with an effective date of Feb 1st 2019), It was approved in Jan 2019.

You should talk to your attorney if your current H1B has been approved with a new i94.

Your status will be defined by the i94 and the status written on it.


Can another employer file for H1 transfer after my current employer has sent withdrawal to USCIS? (with valid I-94)

Another employer can file for H1B transfer but it will be a H4 to H1B COS application.

Does that mean i have to step out of country to get H4 and then let my new employer file for COS from H4 to H1?

Change of status is applicable only if you are in USA.

Once you leave USA, you are out of US immigration law scope and you have no status.

Sorry I am confused here, could you please clarify.

I was on H4 starting Feb 1st 2019.
H1 ext got approved on Mar 14th, Employer sent withdrawal on Mar 15th… (it means I am on H1 currently based on I-94 i received, last action rule)
Now Can another employer file for a transfer, you mentioned it has to be COS from H4 to H1, but how is it possible as i am not on H4 now?