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Can Change of status be cancelled once filed

Peoria, IL |

received 797c informing about wife's change of status from L2 to H4 application in progress.
Is it possible to request its cancellation and request only to process my change of status from L1 to H1 (assuming h1 selected in lottery)

Attorney Answers 4


Yes, your wife may withdraw her application for change of status.

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Yes, wife can send in a written withdrawal notification to USCIS at any time requesting that her pending application for COS to H-4 be withdrawn, "effective immediately".

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Yes. Write a letter to USCIS and pray it will not fall on deaf ears.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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The simple answer is yes, you may cancel the request for change of status. But do you understand how your and your wife's status are related and how to ensure that you both maintain legal status? Consult with the attorney who is handling your H-1B or hire a second attorney for you wife.

This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.

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