Denial of I129 - How to withdraw the application

[mail2vas79]

Hi, I have applied for conversion of H4 to H1B . I129 was denied and now I do not want to go for H1B. Can I withdraw the H1B application and can I get back my money i.e 3500 ?

[shervin143]

1) It is the processing fee, not the approval fee.

2) Your COS to H1B is denied. What is the point in getting back your petition now?

3) Paying money for H1B is illegal.

[mail2vas79]

Thanks Shervin143.

I am not clear about processing/approval fee.

I think the money $3500 is for processing ( i.e H4 to H1B) , so is there any chance that I can get back atleast partial amount ??

[shervin143]

$3500 includes application fee, processing fee (Processing meaning, time spent on taking a decision whether to approve or deny the petition) and lawyer fees. First of all paying for H1B is illegal. Also, your application is already processed and they decided to deny the approval. So you can not claim anything from USCIS. If you want to negotiate anything, talk to your employer. The only time when you can claim the processing fee back from USCIS is when you petition is not picked up in the H1B lottery.

Thanks Shervin143.

I am not clear about processing/approval fee.

I think the money $3500 is for processing ( i.e H4 to H1B) , so is there any chance that I can get back atleast partial amount ??