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How to withdraw pending H1B application and effects of H1B denial

Palo Alto, CA |

1. How can I and/or my employer withdraw a H1B application? It is currently pending (on an RFE) but I wish to withdraw it asap because I am unable to supply the information they are requesting via the RFE.

2. If the employer needs to do something, is there anything I can do? I am worried my employer may not submit the withdrawal paperwork.

3. If I get my H1B denied, will I be able to utilize ESTA Visa Waiver Program in the future?

4. If I withdraw my H1B before the denial, is it possible for me to utilize ESTA Visa Waiver Program ?

Thanks with regard to the information about the withdrawal only being possible via the employer. However, I also want to know - if my employer's H1B application for me is rejected, will that affect my ability to utilize the ESTA visa in the future? The conditions are that I must not have been denied a visa previously.

Attorney Answers 3

  1. Talk to the employer's attorney. they know how.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  2. 1. You can't do anything. The paperwork is the property of the company .. their employer is the proper person to file the proper papers.

    2. No, the company's immigration attorney is the proper person to file papers .. you can't.

    3. Even if approved it won't be 'your' H-1B ... it will be the property of the company.

    4. You can't file the withdrawal papers. As for ESTA, perhaps ... there are other factors.

    Talk to an immigration lawyer in private ... after you have talked to the company's immigration attorney ... not some non-attorney in HR.


    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.

  3. 1, 2. Only an employer can do so.
    3,4 probably.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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