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Can H1B application be withdraw after responding to RFE ?

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  • Can H1B application be withdraw after responding to RFE ?

    Hi,

    I am in desperate need of answer to couple of questions. After trying my luck with H1B for past 4 years, I finally got through lottery this year however got RFE, which was responded on 18th September but still pending with USCIS. All my mates here in my department who got through lottery/RFE, got denial and only my case is pending. So chances of getting approval for my case is very slim as the all of our case documents are similar other than the project information.

    My company is ready to file H1B application for me for next year, i.e. 2018-19. I know that we can go for premium to get decision on my existing application but most probably it will be denied so they are not yet ready to invest extra money on it to just get the denial. I am thinking of other options, please suggest if both of these are correct and possible options or not and which one is preferred ?

    1. File 2018 application and if selected in lottery, USCIS will ask to withdraw either of last year?s or current year?s application; and at that time last year?s application can be withdrawn if a decision on it is not yet made.

    2. Employer withdraws the last year?s petition before filing of 2018 application.

    Thanks,
    abhi

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