Withdraw new lottery selected H1B after RFE

USA H1B Visa
1

Hello Anil,

My h1b got a RFE and my company didn’t provide me any info or submit evidence Uscis requested.

I badly want to switch job and i dont care about the h1b.

I have my h4 EAD valid for another 1.5 yrs. My employer is thinking if to respond to rfe or not as it is crazy asking for 3 year forecast, my bachelor’s is in electronics and i work as software engineer in automotive electronics but title is just software engineer since there are many things i am not sure if they are going to spend time and money for attorney.

I want to withdraw my h1b petition as i am willing to work till this h4 EAD expires and to do masters.

Also to switch from this employer asap. Please advise a solution for me to switch employer.

2

H4 EAD has no restriction on job change. Just find a new employer and join them.

Not sure as to why you are worried.

3

Hi Anil,
Thanks for your quick reply. If my h1b petition will be withdrawn/rejected if i switch job or my employer doesnt respond to rfe and if in future after 2-3 years i want to apply h1b. Would this affect h1b filed later.

4

Each H1B application is evaluated based on the paperwork you submit. The H1B that you will file in future will be considered based on that employer’s documents.

The current H1B will not affect your future H1B application unless you have done some kind of fraud.

1 Like
5

Hi Anil,

Thank you. I completed half of my masters in embedded system and joined here.

Previously my experience was in instrumentation & controls 4 yrs. So, i was expecting this rfe.

But i dont know why it is of 120 pages and asking about 5 yrs forecast for me here. I haven’t planned to be here for that long too.

I want to switch back to f1 and complete masters. Since company filed h1 i couldn’t say anything at that time.

But now, i am really upset with current project & with this rfe evidence submitted in dec, i cant move if i wait for uscis decision till next year March.

Please advise me i want to leave this employer without any issues so can i request to withdraw this h1b petition.

I am concerned if this will affect my GC application also in future.

6

What is the issue in withdrawing H1B?

I don’t understand why are you worried here? If you leave your employer, they will withdraw the H1B application themselves.

7

Hi Anil,
Thank you. My employer isn’t gonna process rfe.
So, i am gonna change employer asap.

Also, i requested to withdraw my h1b petition since we aren’t responding to rfe.

Can i use this receipt number of withdrawn/rejected h1, in future if i want to apply h1b with another employer or will have to go through lottery again.

Also, as i said i completed half of my masters degree in h4 if i want to switch to f1 and complete it will there be a chance of f1 rejection this h1b petition selected in lottery.

8

You will have to apply H1B in lottery again if your current lottery selected H1B is not approved.

The chances of F1 approval vary. Cannot say if H1B approval will affect it or not.

9

Hi Anil,

Thanks for your prompt reply. Can i apply for COS to f1?

I want to shift to f1 & complete my masters.

I dont want to get rfe in future based on my bachelors since i am working on the domain of my majors in masters.

If so what are the processing times for H4 to F1 COS.

I have worked on H4 EAD & h1b rejection/withdrawal will any of these affect my COS to F1. Which processing center does this application go.

I understand that chances are very less if i go for f1 stamping.

10

F1 COS status application can be filed and the processing service center is based on your address.

You can check F1 COS application processing time here.

USCIS will have all details of your prior applications and their results. You cannot delete those records.

11

Hi Anil,
Thanks a lot for your answers and bearing with me. I understand my case is complicated. I want to convert to f1 & complete my masters.

I have a toddler so not finding time to study, work in h1b. It is strange that Company filed for h1b but doesnt want to process rfe.

Also want to change employer asap. I live in Michigan so i539 petition so i presume would go to Nebraska center. I can wait for 6 months for F1 COS.

I also spoke to my university international students office on early 2019, office was suggesting to go for stamping instead.

I will also check with him once again explaining my case (spouse i140 & my h1b) or should i ask my employer to process rfe.

I have sufficient evidence for my bachelor’s education evaluated transcripts, recommendation letters from my professors(bachelors & masters). I am not able to decide what to do. Can i consult you over the phone through your atrorney office. Thanks

12

There is no official attorney here. It is a public forum.