H1B visa application withdrawal on RFE

[navs04]

Hi,

I am currently on L1B and filed for H1B this year from a consultancy. My application got picked-up in lottery, but I have got an RFE for this. The consultancy which filed for my H1B don't have sufficient documents/proofs to provide for RFE response. So I have some questions:

- Can I withdraw my H1B application (from this employer) and use the same application with a new employer who can provide all the documents? I spoke to an attorney and he mentioned this can be done. He said that this H1B application would still be under CAP and can be used to file by another employer. But I need a confirmation on this before withdrawal.

- If the answer to my above question is YES, then what is the process for withdrawal? How much time does it take to withdraw?

- How long should I wait to use this application to file with new employer?

- Will this affect my case (I mean, does it get denied) if filed with new employer even after providing all documents/proofs?

Please provide any suggestions soon as I have to respond to my RFE by early next month.

Thanks

[raghvi]

Hi,

I am currently on L1B and filed for H1B this year from a consultancy. My application got picked-up in lottery, but I have got an RFE for this. The consultancy which filed for my H1B don't have sufficient documents/proofs to provide for RFE response. So I have some questions:

- Can I withdraw my H1B application (from this employer) and use the same application with a new employer who can provide all the documents? I spoke to an attorney and he mentioned this can be done. He said that this H1B application would still be under CAP and can be used to file by another employer. But I need a confirmation on this before withdrawal.

- If the answer to my above question is YES, then what is the process for withdrawal? How much time does it take to withdraw?

- How long should I wait to use this application to file with new employer?

- Will this affect my case (I mean, does it get denied) if filed with new employer even after providing all documents/proofs?

Please provide any suggestions soon as I have to respond to my RFE by early next month.

Thanks

I doubt that this petition can be considered cap exempt and be transferred before getting approved.

This is my opinion not legal advice.