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Immigration Issues/Revocation of H1B petition

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Question
Sir,

We recently filed an H1 transfer for a prospective employee and after getting the transfer receipt we came to know some facts of this employee's past from his previous employer and we had decided to withdraw this application of H1 transfer. As we had just hardly received the transfer notice and he is still not on our payroll, can we withdraw the application while it is pending? Do we just need to write a letter to the same office/center where this transfer has been filed for the withdrawal of this application as it is normally done when we terminate the services of an H1 employee or is there a different procedure? Please also explain if can we get the filing fee back as the case has not been processed yet.

Answer
Hi,

The petition can be revoked anytime.

I recommend waiting until the receipt notice has been issued by the USCIS. Then a letter to the USCIS to the address indicated on the receipt notice stating that your company wishes to revoke the petition is sufficient. There does not need to be any reason given for the revocation.

The USCIS will not refund the filing fees.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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