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How do I know h1b petition has been withdrawn?

San Francisco, CA |

How do I know whether an approved h1b petition has been withdrawn? It doesn't say online at USCIS website that H1B has been withdrawn.
If USCIS does send you letter of withdrawal of H1B, what form will it be on? I797 or normal letter telling H1B revoked. I received a letter about automatic revocation which was filed which was filed by employer and it doesn't say my Alien number.

Attorney Answers 3


There is really no way to tell from USCIS whether the I-129 has been withdrawn. To my knowledge, USCIS hardly ever acknowledges such a withdrawal. That is why instruct my clients to send a withdrawal via certified mail, with return receipt requested and keep the copy in the former employee's "Public Access" file.

For an H-1B withdrawal to become effective and release the employer from its responsibilities, I also instruct the employer to withdraw the Labor Condition Application (LCA) it previously filed with DOL, failing which, EMPLOYER'S wage payment obligations could be deemed to continue for the LCA's validity period. It is also nearly impossible to know from DO
whether an LCA has been withdrawn or not, unless one attempts to contact DOL via email.

Behar Intl. Counsel 619.234.5962 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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PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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I agree with my colleagues.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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