H-1B Amendment Withdrawal With RFE

[User07]

H1B Valid till April 2021

I have a H-1B petition & I-94 valid till April 2021 (for Location A)

H1B Amendment RFE

I had a work location change (Location B), an amendment had been filed. I have received an RFE, but I'm no longer working in location B.

(Even before the RFE I moved back to Location A and started working with my existing petition)

Will current H1B be valid if H1B amendment is denied?

In the event,  amendment gets denied - can I work on the earlier already approved petition for which the validity exists till  April 2021?
Or does the previous valid I-94 gets revoked after the denial?

Can we Withdraw H1B amendment with RFE?

Can my employer withdraw the amendment with RFE?

Can the Amendment be Approved for Backward Date?

Is there a chance that I get an approval for Location B with backward date?(Ex: Approval until Jan 20).  I was working at Location B from Oct 19 - Jan 20 and moved back to Location A in Feb 20.

Can the Amendment be Approved for Forward Date(With Short Term)?

My employer is planning to respond the RFE soon (by end of the week), in this case can I expect the approval for a short term?(Ex: Approval until July 2020). Does the approval impact the validity of existing H1 petition? 

 

 

Edited June 18, 2020 by User07
Updated Topic Title

[gopalakrishnach]

Will current H1B be valid if H1B amendment is denied?  -- current H1B will always get precedence. If your current H1B is denied to start work at Location A you need new H1B petition for location A. I 94 will not be revoked.

I feel you can withdraw H1B petition for location B.

Talk with your employer/attorney. They will be best to help you out since it's employer petition not yours.

I maybe wrong.

 

[User099]

Original petition is still valid if the amendment is denied. But you should check with your attorney if they see any issue by  withdrawing the amendment petition.