can beneficiary/employee withdraw petition

[h1baspirant1234]

yesterday i attended for visa stamping interview at hyderabad.

its an inhouse project and employer has <100 employees in US.

The visa officers are not convinced on the employer and project details.

Finally they had give me 2 options

1) we are not satisfied with your case, our counterparts in US will visit office and verify project details which could take around 6 to 8 months, if anything found wrong you may be banned from entering US permanently on any visa f1/b1, no action will be taken against employer as US laws will not permit this.

2) you can withdraw your application now, so that there will be no effect on you in future and you can search for new employer and file petition in next year quota.

they havent given me any time, asked me to decide then itself.



fearing of permanent ban i decided for option 2

where i signed on a printed paper filling my name, employername, receipt number that i am withdraiwing the petition.

Now my questions are

1) can i being a beneficiary/employee can withdraw the petition? is it true that there can be a permanent ban, i shared only the documents that the employer used while applying petition.

2) now what happens to that petition, they say i cannot re use it, is that correct?

3) my employer says consulate can verify the project details. they are ready to share

now can i revoke the previously signed withdraw form ?

[kabkaba]

First of all what you did was withdraw your Visa application and not the petition filed by your employer.

I had read about this choice being given at port of entry by CBP officials. But doing this at the consulate is new. The consulate is wrong and you have a case against them. Consult a good immigration attorney who has experience in dealing with consulates, there is a famous law firm which also has offices in India. I cannot put the name here but Google search should help. If you have never been illegally present in the US, there is no question of ban on entry. Option 1 is clearly wrong and I feel you have been manipulated into choosing option 2 (or you did not clearly understand the options).

[h1baspirant1234]

First of all what you did was withdraw your Visa application and not the petition filed by your employer.

I had read about this choice being given at port of entry by CBP officials. But doing this at the consulate is new. The consulate is wrong and you have a case against them. Consult a good immigration attorney who has experience in dealing with consulates, there is a famous law firm which also has offices in India. I cannot put the name here but Google search should help. If you have never been illegally present in the US, there is no question of ban on entry. Option 1 is clearly wrong and I feel you have been manipulated into choosing option 2 (or you did not clearly understand the options).

hi,
thanks for you response.
i got a mail that the my petition is sent back to uscis for revocation, reason stated being
"beneficiary has withdrawn the visa application related to this petition"

now can i fill new application, take a new appointment and appear for visa interview again?

[kabkaba]

No. Now USCIS will ask your employer why they should not revoke this petition. If USCIS is satisfied with your employer's response, they will re-affirm the petition. After that is done, you can take the petition back to the consulate and get your Visa. Unfortunately, this process will take at least 6 months.