is it SAFE to withdraw the H1B amendment with an RFE.


snvvk

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Hi,

Could anyone help me with the below questions, please?

I would like to know if it is SAFE to withdraw the H1B amendment with an RFE. The thing is that my H1B petition got approved by USCIS in August 2020, but in recent times we got an RFE for the amendment filing. 

The RFE document is stating that they need the evidence to establish the beneficiary has engaged in a valid CPT and Full Course of Study since I was enrolled into a Day 1 CPT for almost one and half year (second masters). My employer is ready to answer the RFE but the H1B amendment which has been filed initially is for client 1 and location A. Now, I got another offer from Client 2, location B.

In the above situation,

  1. Can my employer withdraw the first H1B amendment with an RFE (for client 1 and location A) and file another amendment (for client 2, location B)?
  2. Are there any issues with the amendment withdrawal?
  3. How long does it take to withdraw the amendment application?
  4. What are the chances of getting Approved/Deny, if we answer the RFE and continuing work at client 1 and location A?
  5. If the RFE gets denied, what are my options? Does it affect my main H1B?
  6. What are the chances of getting Approved/RFE, if we file another amendment for client 2 and location B?
Edited by snvvk
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Withdraw the amendment immediately as the position does not exist anymore.  Once the withdrawal letter is recd. by USCIS, it will take its own time to withdraw.   Denials look bad on your immigration records. 

File another amendment for location B (if it is not in the same MSA), in regular processing.  In case you are working from home due to COVID-19, then check with an attorney on filing of second amendment.

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