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Regarding the withdrawal or amendment of H1B Petition

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  • Regarding the withdrawal or amendment of H1B Petition

    Hi,

    Currently i am on L1B. Company applied for H1B including COS(Change of Status).
    I received an RFE for my H1B petition.
    I don't want to move to H1B visa status immediately if it gets approved.

    I think I have two options below. Please let me know whether my understanding is correct.

    1) Reply to the RFE by amending the H1B Petition requesting Consular Processing. I am not sure whether we can do this or not.
    2) Withdraw the H1B petition.

    Thanks in Advance.. Please reply.

  • #2
    Hello, Mr Reddy.

    Your understanding seems correct. You could amend your petition.

    What i have also learned is you could exit the country on your L1, before the H1B kicks in and come back a few days later. In the process, negating the H1B approval with an entry and exit.

    Maybe some experienced members' thoughts on the forum will help you further.

    I am not a professional. These are my personal views.

    Wishing you luck.

    Cheers,

    Originally posted by bmaheshreddy View Post
    Hi,

    Currently i am on L1B. Company applied for H1B including COS(Change of Status).
    I received an RFE for my H1B petition.
    I don't want to move to H1B visa status immediately if it gets approved.

    I think I have two options below. Please let me know whether my understanding is correct.

    1) Reply to the RFE by amending the H1B Petition requesting Consular Processing. I am not sure whether we can do this or not.
    2) Withdraw the H1B petition.

    Thanks in Advance.. Please reply.
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

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