Answered less than a minute ago. There is really no way to tell from USCIS whether the I-129 has been withdrawn.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whether an LCA has been withdrawn or not, unless one attempts to contact DOL via email.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.
I agree with Attorney Behar's detailed response
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
I agree with Mr. Behar
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