I am an owner/petitioning employer and previously had retained an immigration lawyer to file the H1B application for one of my employees. This H1B employee recently resigned and moved to a new company. Now I want to withdraw his H1B; however, the lawyer I worked with before recently closed his practice office. My questions:
1) Does USCIS require that the H1B withdrawal letter must be prepared/submitted by an immigration lawyer if it was originally filed by a lawyer on behalf of the petitioner?
2) If no to question 1, can I write up the withdrawal request letter and send it to USCIS (I know other business friends who said they had done it before on their own) OR should I spend extra money to hire another immigration lawyer to prepare/submit the letter?
1) No, there is no such rule or requirement. In fact, my own practice is to prepare the withdrawal letter in the employer's name, with the employer then putting the suggested text into his company letterhead and submitting it in his name. That's what USCIS wants to see. They will not consider attorney letters as "evidence", but only employer ones.
2) See answer 1 above. You can do that on your own. Make sure to mail it certified mail, return receipt requested and save a copy for your records. You may, however, want to consult with an immigration attorney to make sure the withdrawal letter contains the right language.
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.
You can do the letter. You are the boss of the petition. Yes you can prepare a letter in whatever form you like provides you clearly indicate you intention to withdraw the petition and reference the case receipt number.
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.
An employer can submit a letter directly to USCIS withdrawing a previously approved H-1B. You can attach the copy of the FORM I-797 approval notice that makes reference to the receipt number.
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