Sample USCIS application withdrawal cancellation letter

USA H4-EAD
1

Hi Anil,

By any chance do you have any template or example of the withdrawal letter that needs to be send to USCIS?

2

Hi @ankitgarg16

I just wrote one for you here:

Sample USCIS application withdrawal letter

3

Thank you so much. This helps

4

HI Anil,

Another question - My Company is saying H4 COS application can be withdrawn from the applicant itsellf since it’s for H4.
H1 they have already withdrawn.
Questions:

  1. Is this correct? Can my wife as an applicant withdraw it?
  2. We are going to withdraw COS application I539 as well as an applicant and EAD as well that was filed concurrently. Can I send both the withdrawal application together?
    2.1 Together means - in 1 withdrawal application letter or 2 separate?
    2.2 Via 1 courier or 2 separate packets?
5

Can H4 COS application be withdrawn by individual themselves?

Yes, you can. H4 visa has nothing to do with H1B employer. So, the H4 beneficiary spouse can file for withdrawal themselves.

In-fact, if you can recall, when you file for H4 petition along with your H1B, the H4 application form is signed by your spouse explicitly.
Your employer (and its attorney) just file H4 for your dependents as a courtesy.

Send multiple USCIS Withdrawal letters in same packet and 1 courier

I would suggest to write one withdrawal letter per application.

You can send both withdrawal letters in same packet/package by post via 1 courier.

6

Again Thank you so much. Can’t explain how much this helps and your prompt response is like cherry on the top :slight_smile:

I was filling the withdrawal letter in this case, for H4 COS and EAD withdrawals, the petitioner should be no one and I can remove that, only the beneficiary name should be of my wife, right?
Or in both petitioner and beneficiary my wife name should be there?

7

Hi @ankitgarg16

You are welcome.

Just write both names as same in both fields. That should be okay.

Let me know if you need more information.

8

Thanks Anil.

Also, since COS application was filed by employer as a courtesy, they have put my wife name but the address they have given is their’s.
Ques:
When in letter I am putting address, should it match with COS application receipt notice or it can be my wife’s address (our home address)?

9

Hi @ankitgarg16

It is better to write BOTH addresses, if you do not have any connection with your attorney now.

  1. Write Attorney address from COS application receipt notice.
  2. Write your HOME address as address for communication.
10

ok Thanks. Will do that and add.

11

Hi,
I am also in similar situation,planning to withdraw H1 to H4 COS.

Can you please let me know if you got any acknowledgment from USCIS regarding withdrawal?

After how many days of filing did you sent withdrawal?

Did they give some receipt number for tracking the withdrawal?

Do you think USCIS really honored the withdrawal request? Have you seen any updates to your case online?
Please help.

12

Hi @ankitgarg16,
Can you please let me know how did it went ? Did you get any acknowledgement and did they honor it?Any issues?

Appreciate your help.

13

Hi,

I sent the withdrawal application for COS and EAD both. I sent it via UPS with tracking no. that needs a signature so that I know it’s been delivered and received by USCIS properly.

I tracked it and it was mentioned that it’s been delivered.

After that I have not got any update either on site or via mail/email. I am waiting for that to be updated so that I can file EAD again. Let’s see.

I called USCIS help center they told they will send the confirmation letter via mail saying it’s been withdrawn.

14

Thanks @ankitgarg16 for the response.
We appreciate it.

15

Thanks Ankit. Wondering why you are withdrawing and refiling again?
Can you also please help what service center did you sent and when was the COS filed ?

Just to get an idea of how long it’s pending and if withdrawal is happening properly.

What is your plan if for some reason they approved COS before processing your withdrawal letter ?

16

Hi @Anil_Gupta,

I’m in the same situation but for some reason I haven’t even received Receipt Notice for my wife’s I-539 application. As I have the record of the receipt number because of the Request of Evidence we received earlier, can I just provide the receipt number and explain why I don’t have the copy of the receipt notice.

Thanks,
Mit

17

Yes, you can do that.

18

Thanks for prompt response. I’m also planning to enclose RFE to show the evidence of the receipt number. I guess that would also be fine.

19

Yes, including RFE will be a good idea since you do not have the original receipt notice.
Include a cover letter explaining your situation.

20

Cover letter in addition to the withdrawal letter is a good idea too. Thank you.