Pending H1B Petition withdrawal

[Ammu82]

Hi,

If the Employers withdraws a pending petition which is filed for H1 extension post 6 years + Amendment and files a new petition for the same purpose ensuring that it goes to a different service center , what would be impacts ( if any). The reason the employer wants to do this is to avoid risk of denial by responding to the RFE that is received on the original petition.

Can we control the service center to which our petition goes to ?

Will the second service center not know about the first petition?

Appreciate your help in this regard.

Thanks!

[shervin143]

USCIS is centralized and integrated. They have one system to view all your immigration history. They would now your case history irrespective of the service center.

Has your I-94 already expired. If so, then withdrawing your petition will make your stay illegal and you will have to leave the country immediately. When a new petition is filed after your I-94 expiry date, it can get approved only for consular process (it will not come with a new I-94 attached - in case the petition gets approved).

[Ammu82]

Thanks

USCIS is centralized and integrated. They have one system to view all your immigration history. They would now your case history irrespective of the service center.

Has your I-94 already expired. If so, then withdrawing your petition will make your stay illegal and you will have to leave the country immediately. When a new petition is filed after your I-94 expiry date, it can get approved only for consular process (it will not come with a new I-94 attached - in case the petition gets approved).

The I-94 is not expired yet.

Can we control the service center to which the petition goes to?

Thanks!

[shervin143]

Nope. H1B application should be sent to the USCIS service center that belongs to that jurisdiction. Check the below link.

https://www.immihelp.com/uscis-service-centers/

The I-94 is not expired yet.

Can we control the service center to which the petition goes to?

Thanks!

[Ammu82]

Thanks

Nope. H1B application should be sent to the USCIS service center that belongs to that jurisdiction. Check the below link.
https://www.immihelp.com/uscis-service-centers/

Thank you. For some reason, I have noticed that the petitions have not been going to the service centers as per the jurisdictions mentioned in the link. Does the jurisdiction relate to end client location or the employer location?

I had one other query - Does having multiple H1-B petitions for one person pose any potential risks?

Thanks!

[shervin143]

Thank you. For some reason, I have noticed that the petitions have not been going to the service centers as per the jurisdictions mentioned in the link. Does the jurisdiction relate to end client location or the employer location?
>>> Your actual primary work location.

I had one other query - Does having multiple H1-B petitions for one person pose any potential risks?
>>> No. But you can work for only one employer at a time. You cannot changes employer as you wish. If you want to move from one employer to another, a transfer need to be filed or you should leave the country and return back on the respective employer's petition.

[Ammu82]

Thank you. For some reason, I have noticed that the petitions have not been going to the service centers as per the jurisdictions mentioned in the link. Does the jurisdiction relate to end client location or the employer location?
>>> Your actual primary work location.


I had one other query - Does having multiple H1-B petitions for one person pose any potential risks?
>>> No. But you can work for only one employer at a time. You cannot changes employer as you wish. If you want to move from one employer to another, a transfer need to be filed or you should leave the country and return back on the respective employer's petition.

For first point - Well, in that case this is not happening. I have seen this happening for myself and others around. Does filing it in Premium make any difference?
And for second point - Right. My question was more in terms of one employer filing for transfer + Extension + Amendment & current Employer filing for Extension + Amendment

[shervin143]

For first point - Well, in that case this is not happening. I have seen this happening for myself and others around. Does filing it in Premium make any difference?
>>> Sometimes the lawyers will file the petition at the service center where the employer is located making your primary work location as the employer's address and the secondary as the client's address.

And for second point - Right. My question was more in terms of one employer filing for transfer + Extension + Amendment & current Employer filing for Extension + Amendment
>>> Well, extension with the current employer and transfer with a new employer can be filed at the same time. No issues.

[Ammu82]

For first point - Well, in that case this is not happening. I have seen this happening for myself and others around. Does filing it in Premium make any difference?
>>> Sometimes the lawyers will file the petition at the service center where the employer is located making your primary work location as the employer's address and the secondary as the client's address.

And for second point - Right. My question was more in terms of one employer filing for transfer + Extension + Amendment & current Employer filing for Extension + Amendment
>>> Well, extension with the current employer and transfer with a new employer can be filed at the same time. No issues.

Thank you!