Immigration Issues/Petition Withdrawal and CWP?
I have a valid H1B stamp.
With respects to question F on ESTA and with focus on the “visa cancelled” section of the question:
1) What is the impact of a H1B “petition withdrawal”? Is it the same as a “visa cancellation”? What shall I answer to question F on ESTA?
2) After a “petition withdrawal” is complete I believe an individual is likely to receive a CWP stamp on their H1B visa on their next visit. What is the impact of a CWP stamp on a H1B visa? Is it the same as a “visa cancellation”? What shall I answer to question F on ESTA?
My answers are below:
1. H-1b withdrawal is not a visa cancellation for ESTA's questionnaire. A visa cancellation only happens in an Embassy or at the border when an officer cancels your visa.
2. If petition is withdrawn and the H-1b worker seeks to enter the US again (he really shouldn't because the visa is no longer valid without employment), then yes the CBP officer can stamp the visa cancelled with prejudice. In that situation it is a visa cancellation.