H1-B petition withdrawn


Recommended Posts

My H1-B petition has been field for year 2014.  USCIS requested  RFE and was due on August 3rd. My employer said they mailed RFE to meet the deadline. But on 8th August My case status says:

On August *, 2014, we mailed a notice acknowledging withdrawal of this application or petition I129 PETITION FOR A NONIMMIGRANT WORKER. If you have not received the notice within 30 days of August *, 2014, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.
At this point I am not sure how it was withdrawn if my employer did not withdraw it. My employer did not provide me any tracking number as well. And I am kind of suspicious that my employer did submit RFE.
As I have seen on my friend's case, Case Status said that RFE has been received and status has been move back to initial review from RFE requested. I am surprised to see that my case status is withdrawn 5 days after RFE was due. 
I would like to ask expertise or any one who has been through such situation some questions.
1. Is it possible that my employer has withdrawn my application but do not want to tell me? ( my employer is consulting firm) 
2. When I ask my employer if they received any fax or email about decision he said it takes     a while to receive from uscis. My petition was premium and I believe that USCIS   communicate via fax or email even though they mail official papers in a while. ( this is what made me suspicious about my employer).
3. He even said he will open Motion for my case. Does it even worth opening Motion since I am a OPT student and still have my valid OPT for one more year from now. 
Your suggestion is greatly appreciated
Link to comment

Thank you Jairichi and JoeF for your quick response.


Now I am damn sure that my employer has withdrawn my petition or did not responded to RFE.


Good lesson for next time and others please be aware to choose better employer.


* How can I find either my petition was withdrawn or RFE is not sent? 

* I want to seek legal treatment if RFE was not sent ( Is it possible ?)

Link to comment

@JoeF: If an employer withdrew the petition after getting an RFE, do you think the USCIS will refund the full filing fee ?


They won't. It's a filing fee, not an approval fee.

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

If the employer asked you to pay the fees, then you should have stayed away from that employer from the beginning. All employers who ask for money for an H1 are shady.

Link to comment


This topic is now archived and is closed to further replies.