How do I know h1b petition has been withdrawn?

Asked over 1 year ago - 94103

How do I know whether an approved h1b petition has been withdrawn? It doesn't say online at USCIS website that H1B has been withdrawn.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)

  1. Carl Michael Shusterman

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    Contributor Level 20

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    Answered . I agree with my colleagues.

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

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

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    Answered . There is really no way to tell from USCIS whether the I-129 has been withdrawn.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    whether an LCA has been withdrawn or not, unless one attempts to contact DOL via email.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... more
  3. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . Repeat.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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