H1 withdrawal

[freemail]

Thank you, TxH1b for helping people with their immigration issues.
You contribution to this forum is widely appreciated.

Good luck and God bless you !

[freemail]

I have the copy of the cheque and emails that were sent to the employer last year. Would that be enough ?

[freemail]

Hello,

I've decided to travel to my home country for a week or two.
I'll come back to the US with a new I94 on L1B.

Will this mitigate the problem that I'm in about the H1B withdrawal ?
I'm asking this because I'll be having the most recent I94 with me.

[txh1b]

You will be fine. It has been answered that travel will void any COS already.

[freemail]

Thanks.

My H1 is still in the pending state with the USCIS.
I already did leap frog in Sept - Oct 2008 to void the COS from L1 to H1.

Now that I've asked for withdrawal and if by mistake USCIS approves my H1 with COS and then if they see the withdrawal letter from the H1 employer and USCIS decides to withdraw my H1, then I will have no status in the US and will be illegal.

This will cause problems while extending L1 visa.

In this scenario will it be safe to travel in next 2 weeks and come back with a new I94 on L1 ? Or will it be good to stay in the US wait for the status update from USCIS and then travel, if required ?

[txh1b]

I think no amount of info from the forum is helping you. You need to talk to an attorney.

[freemail]

Sorry TxH1b. I think I'm bugging you.
I called the employer and he told me that my H1 is not yet approved / rejected.
They sent a mail to USCIS for the withdrawal of my H1 petition and the employer got a confirmation from USCIS that they have received the letter about the withdrawal.

The employer says that it could be that all the procedure / action on my H1 is sustended and to get a confirmation from USCIS about the withdrawal could take anywhere from 3 to 6 months.

[txh1b]

Sorry, I am failing to see any complications other than the ones discussed. If you want to make mole hills into mountains, you need an attorney and spend some $$. I would rather help others on the forum than answer repeated questions just to keep your fears away.

You really will get some satisfaction when you talk to an attorney. Employers, laymen on a forum are not conversant with the law and only an attorney can help you because you are nothing but paranoid.

[Jane_Bengten]

Yes. You can file a complaint against the consultancy with the DOL. DOL takes a very serious note of such H1B vioilations. Also, you will get your money back (even if not the full amount) if you start pestering the consultancy folks. DOL threatening goes a long way. Good luck to u.