H1 filed from H4 but wanted to Revoke

[avezendlas]

Hi, can anyone help me on my below situation..

I am H4 and filled H1 in this season.. My application is picked in Lottery and is in initial process now. But for some personal reasons i want to revoke my application.

My question is .. is this possible and will this be charged by USCIS if i submit by revoke before application is approved or denied or RFE?

Please help.

Thanks

Anil V

[JoeF]

YOU can't revoke anything. The H1 is the employer's application.

If you tell the employer that you are no longer interested in the job, the employer by law is required to withdraw the H1 application.

[JoeF]

And of course, the fee will not be returned. It is an application fee, not an approval fee.

But that shouldn't matter to you, because the employer had to pay the fee.

Or did you pay it, in violation of the law???

[pontevecchio]

The application is not yours to revoke. If you have a reason for staying in H4 status leave before October,1 and come back on October,2 with the H4 visa. the other alternative is to discuss the issue with a Lawyer.

[avezendlas]

Thanks all for the helpful information.

Yes, My employer is responsible for paying the fee, but i am curious to know as i am responsible for the revoke request.

I haven't talk to my employer but will do it.

Thank You.

[pontevecchio]

You are still not responsible for the revoke request. All you are responsible for is to not accept the job.