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Can we cancel the change of status I539

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  • Can we cancel the change of status I539

    Hi,


    I've filed I 539 form (h1to h4)and on dec 24th. I did it using efiling. I am planning to go back to India now and wanted to know if it's possible to cancel or withdraw the application. My employer is trying to do a premium H1 processing while in India. Would that get affected by this 539?

  • #2
    Technically this application is meaningless once you leave the US. But, you can send a plain letter requesting withdrawal in stead of sending supporting documents and that will do it. Has your I-94 expired already?
    This is my opinion and not legal advice.

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    • #3
      Thank you for your response. My I-94 will expire on 31 dec 2011. I am traveling back on 30th dec 2011. Also, in the airport while leaving the country should I return the new i94 with the extension I got for H1 or the old and new both?

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      • #4
        You should all the I-94s. Otherwise proper exit entries will not be registered against the I-94s that were not returned and that will cause issues when they expire.

        Originally posted by paddu1485 View Post
        Thank you for your response. My I-94 will expire on 31 dec 2011. I am traveling back on 30th dec 2011. Also, in the airport while leaving the country should I return the new i94 with the extension I got for H1 or the old and new both?
        Not a legal advice. Use of this information is strictly at your own risk.

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