h1 b application cancellation policy / timelines

[akaamyth]

Hi All,
Till what date can an employer revoke a h1b petition for an employee and get full refund of the fees?.
I Checked the USCIS site and other forums but I am unable to find any concrete guidelines on the cancellation procedure for an h1b petition. Is it possible for an employer to cancel a petition before the lottery is conducted / or lottery results are declared?

[jairichi]

Hi All,

Till what date can an employer revoke a h1b petition for an employee and get full refund of the fees?.

I Checked the USCIS site and other forums but I am unable to find any concrete guidelines on the cancellation procedure for an h1b petition. Is it possible for an employer to cancel a petition before the lottery is conducted / or lottery results are declared?

I believe employer cannot withdraw a petition before lottery. But, can once selected in lottery and petition is being processed. However I doubt the fee will be refunded.

[JoeF]

Hi All,

Till what date can an employer revoke a h1b petition for an employee and get full refund of the fees?.

I Checked the USCIS site and other forums but I am unable to find any concrete guidelines on the cancellation procedure for an h1b petition. Is it possible for an employer to cancel a petition before the lottery is conducted / or lottery results are declared?

Once a petition is entered into the system, the fees are gone. These are application fees, not approval fees.

And it wouldn't matter to you anyway, since the employer has to pay for the H1.

Petitions not selected in the lottery are not entered into the system, so the whole petition, including the check for the fees, would get returned if not selected in the lottery.