Need suggestion on withdrawal of amendment petition

[axxo9486]

Hi All,
My employer filed amendment on June 17, 2015 for my promotion. But I got to know recently from my employer that the amendment was not required, since there is no change in role and responsibility and willing to withdraw the amendment petition. I am also planning to switch employer anytime soon. I want to withdraw the amendment petition to avoid unnecessary complication in case of RFE in amendment. But also I dont want this withdrawal process affecting my transfer.

1. Is it fine for me to go ahead and withdraw the petition while my processing date is near(I can see the current processing date is June 13)?. What will happen if the petition is approved and the USCIS received the withdrawal request after that. Will it affect my existing petition any way?. Will it cause any issue in transfer?

2. Can I withdraw the amendment petition after USCIS issues RFE for amendment?.

Please help, it is really urgent.

[shervin143]

My employer filed amendment on June 17, 2015 for my promotion. But I got to know recently from my employer that the amendment was not required, since there is no change in role and responsibility and willing to withdraw the amendment petition. I am also planning to switch employer anytime soon. I want to withdraw the amendment petition to avoid unnecessary complication in case of RFE in amendment. But also I dont want this withdrawal process affecting my transfer.

1. Is it fine for me to go ahead and withdraw the petition while my processing date is near(I can see the current processing date is June 13)?.
>>> Yes. You can withdraw it anytime.

What will happen if the petition is approved and the USCIS received the withdrawal request after that.
>>> Nothing happens if it is already approved.

Will it affect my existing petition any way?. Will it cause any issue in transfer?
>>> No.

2. Can I withdraw the amendment petition after USCIS issues RFE for amendment?.
>>> Yes.

[axxo9486]

Thanks a lot Shervin143. I have one final question before I go back to my employer. My employer raised a new LCA for my new role which has a increase in salary(80k to 90k), but in same location. If we withdraw the application, does the new LCA still valid?

[shervin143]

Yes. You are only withdrawing the amendment filed with USCIS. LCA is filed with DOL. It will remain valid.

Thanks a lot Shervin143. I have one final question before I go back to my employer. My employer raised a new LCA for my new role which has a increase in salary(80k to 90k), but in same location. If we withdraw the application, does the new LCA still valid?

[axxo9486]

Thanks a lot shervin143

[axxo9486]

Hi shervin143,
My employer sent the withdrawal request for amendment petition to USCIS. May I know how long will it take to reflect in USCIS website?. It is almost a week since the request was sent and there is no update in the site and it still shows "Case was received"

Thanks,
Arun