H1B Visa Withdrawal?

[justin_fields]

Hi,

I was granted a H1B visa. A few months has passed and I now have a different role in the same company but in the UK.

1) I believe the next step is for my employer to perform a “petition withdrawal” on the petition that got me a H1B visa, is this correct?

2) If so, what does the “petition withdrawal” process entail (duration, wait times, correspondence types)?

3) What proof or confirmation will or should I receive when the process is complete?

4) Does a “petition withdrawal” equate to a “cancelation” of a visa? Once my “petition withdrawal” is complete, how should I answer the following ESTA question?
“F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?”

Thanks.

[shervin143]

1) I believe the next step is for my employer to perform a “petition withdrawal” on the petition that got me a H1B visa, is this correct?
>>> Since you are still working with the same employer, then employer need not have to withdraw the petition. You can utilize it in the future. It is up to the employer to decide whether to withdraw the petition or not.

2) If so, what does the “petition withdrawal” process entail (duration, wait times, correspondence types)?
>>> That should not be your concern. Once the employer sends a letter to USCIS to withdraw the petition, their job is done. The withdrawal can happen anytime.

3) What proof or confirmation will or should I receive when the process is complete?
>>> You won't get anything. H1B petition is employer's property.

4) Does a “petition withdrawal” equate to a “cancelation” of a visa?
>>> No. They are two different things.

Once my “petition withdrawal” is complete, how should I answer the following ESTA question?
“F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?”
>>> Petition and visa are two different things. Employer cannot withdraw your visa. The above question is about the visa and not the petition.