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Withdrawal of H1B amendment petition

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  • Withdrawal of H1B amendment petition

    Hi All,
    I have a valid approved petition and stamped visa till April 2017. Early this year, I got promoted one level in my current company while working for same client and same location. According to new amendment policy, amendment should be raised only there is significant role change. My company filed amendment on June 17 when the new rule came up and was not sure in what cases amendment should be raised. Later (after filing my amendment), we got a mail from our employer that there is no need for amendment if there is a role change of 1 level (which is my case). I am planning to switch employer soon and petition is not approved till now. I requested possibilities of withdrawing the filed amended petition since I already have a valid approved petition till April 2017 and there is no need for amendment for role change of 1 level. I would like to know
    1. If we withdraw the filed amended petition, will it cause any issues in transfer or further extensions?
    2. How long does it take for USCIS to withdraw the petition once my employer filed for withdrawal?
    3. Which is better option, withdrawing the amended petition from employer A and proceeding with transfer from employer B or initiating the transfer from employer B while amendment from employer A is still in progress.

    Thanks,

  • #2
    1. If we withdraw the filed amended petition, will it cause any issues in transfer or further extensions?
    >>> No.

    2. How long does it take for USCIS to withdraw the petition once my employer filed for withdrawal?
    >>> It can take up to 6 months.

    3. Which is better option, withdrawing the amended petition from employer A and proceeding with transfer from employer B or initiating the transfer from employer B while amendment from employer A is still in progress.
    >>> You can initiate the transfer without filing the withdrawal. If there is an RFE, then your new employer's attorney should justify that the amendment is not required at the first place since the job duties did not change.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks. Can I start the transfer process, while amendment withdrawal is in progress?.

      Comment


      • #4
        Pls Reply - Similar Situation

        Originally posted by axxo9486 View Post
        Hi All,
        I have a valid approved petition and stamped visa till April 2017. Early this year, I got promoted one level in my current company while working for same client and same location. According to new amendment policy, amendment should be raised only there is significant role change. My company filed amendment on June 17 when the new rule came up and was not sure in what cases amendment should be raised. Later (after filing my amendment), we got a mail from our employer that there is no need for amendment if there is a role change of 1 level (which is my case). I am planning to switch employer soon and petition is not approved till now. I requested possibilities of withdrawing the filed amended petition since I already have a valid approved petition till April 2017 and there is no need for amendment for role change of 1 level. I would like to know
        1. If we withdraw the filed amended petition, will it cause any issues in transfer or further extensions?
        2. How long does it take for USCIS to withdraw the petition once my employer filed for withdrawal?
        3. Which is better option, withdrawing the amended petition from employer A and proceeding with transfer from employer B or initiating the transfer from employer B while amendment from employer A is still in progress.

        Thanks,
        Hi ,

        Can you pls tell me how long it took to reflect in USCIS after withdrawing the amendment petition ? My Employer withdrew my petition a week back but still the case is shown as "Received"

        Comment


        • #5
          Originally posted by subramaniam1986 View Post
          Hi ,

          Can you pls tell me how long it took to reflect in USCIS after withdrawing the amendment petition ? My Employer withdrew my petition a week back but still the case is shown as "Received"

          Mine is same situation too. Attorney sent withdrawal letter(for H1B Amendment petition) to USCIS 45 days back but still showing status in online as we received your petition (4 months back date) and it is in process. My Attorney also applied for New H1B Amendment petition in regular process since i changed client and location. My first amendment petition was also filed in regular process four and half months back and withdrawal letter sent 45 days back but not showing any update in online status check.


          Question: This won't impact my actual current H1B validity right - which is valid till 2018 ending - as i said above due to client/location changed (contracting job) two times so had to file amendment two times. First time when i changed to different client my project was over in 3 months so that amendment petition still in process so my employer's attorney sent withdrawal letter of that amendment and filed new amendment with current client location.

          Comment


          • #6
            Originally posted by vikky789 View Post
            Mine is same situation too. Attorney sent withdrawal letter(for H1B Amendment petition) to USCIS 45 days back but still showing status in online as we received your petition (4 months back date) and it is in process. My Attorney also applied for New H1B Amendment petition in regular process since i changed client and location. My first amendment petition was also filed in regular process four and half months back and withdrawal letter sent 45 days back but not showing any update in online status check.


            Question: This won't impact my actual current H1B validity right - which is valid till 2018 ending - as i said above due to client/location changed (contracting job) two times so had to file amendment two times. First time when i changed to different client my project was over in 3 months so that amendment petition still in process so my employer's attorney sent withdrawal letter of that amendment and filed new amendment with current client location.
            Does Attorney or Employer get Any Acknowledgement mail/email when they sent withdrawal notice of amendment to USCIS? In online my case status, it is not updated even after 2 months. Attorney said it will take some time.

            Comment

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