Withdraw H1B Visa

[ramesh789]

Hi,

I came to India in Nov'11 (after 5 yrs) for vacation, I had to go for Visa Stamping in Nov'11 (with 797 expriry in May'12 i.e. around 7 months left on H1b petition I-797). They (US Consulate Hyd) returned my passport with 221g, few days status was in Administrative Processing, then they sent me denial letter and they sent H1 petition back to USCIS for review. After 2 months status (I-129) turned to "Post Decision Activity" with "USCIS office received this case from the State Department with a request that we review it", I did waited for few months, but no reply, no RFE to my employer, nothing happened, status still remains same as on today. My 797 expired in May'12, I don't think USCIS will take any action (review) on my H1b petition reivew. I lost the hopes and not thinking any more.

Here are my questions

1) Is it better to withdraw H1-b visa application from US Consulate, Hyd even though H1-b petition (I-797) validity completed? to avoid complications in case if I apply and appear for new H1.

2) Does it impacts in future if I don't withdraw? or it does not matter?

3) Lost hopes but just for curious to check, is there any possibility that USCIS may review and reaffirm?

Thanks,

Ramesh

[hopeforvisa]

Hi,

I came to India in Nov'11 (after 5 yrs) for vacation, I had to go for Visa Stamping in Nov'11 (with 797 expriry in May'12 i.e. around 7 months left on H1b petition I-797). They (US Consulate Hyd) returned my passport with 221g, few days status was in Administrative Processing, then they sent me denial letter and they sent H1 petition back to USCIS for review. After 2 months status (I-129) turned to "Post Decision Activity" with "USCIS office received this case from the State Department with a request that we review it", I did waited for few months, but no reply, no RFE to my employer, nothing happened, status still remains same as on today. My 797 expired in May'12, I don't think USCIS will take any action (review) on my H1b petition reivew. I lost the hopes and not thinking any more.

Here are my questions

1) Is it better to withdraw H1-b visa application from US Consulate, Hyd even though H1-b petition (I-797) validity completed? to avoid complications in case if I apply and appear for new H1.

2) Does it impacts in future if I don't withdraw? or it does not matter?

3) Lost hopes but just for curious to check, is there any possibility that USCIS may review and reaffirm?

Thanks,

Ramesh

I am on the same boat. I am waiting from Oct-2011. It seems they have so many petitions like this, that's why it is taking more time. I hope we will hear some decision soon.