Handling H1B Withdrawals and Resubmissions

Many employers and employees face the challenging issue of H1B visa petitions. A common question arises: if an employer writes to USCIS to withdraw an approved H1B petition, can they take their withdrawal request back a few days later if they decide to continue with an employer-employee relationship? This article explores this scenario, drawing from recent scenarios and expert opinions to offer clear guidance.

The Official Position

In response to your query, once an H1B petition is withdrawn, it cannot be taken back. The USCIS official position is that another H1B must be applied for again. The absence of an open position for the next fiscal year ranks highly among key factors that affect a potential reapplication for sponsored employees.

Case Studies and Expert Opinions

The situation you described is unique and falls into the realm of ‘rare scenarios’. Surprisingly, there is a precedent where employees have resumed their roles after an H1B revocation. Herein lies a complication as the H1B petition has been officially terminated by the employer. This situation can indeed lead to significant challenges and potential difficulty in reapplying.

According to expert opinion, while the employer cannot exactly 'undo' the withdrawal, they can reapply for the H1B. However, it is important to consider that the trust of the USCIS and the genuine intent behind such a reapplication will heavily impact the outcome. The process of reapplying will be subject to the annual H1B visa cap and the lottery system.

The Impact of the H1B Cap

Given the high demand for H1B visas, the annual cap can be a significant hurdle. Once an employer writes to USCIS to withdraw the H1B petition, the slot may be automatically processed to the preceding applicant in line. As a result, any subsequent application will need to wait until the next fiscal year due to the quota.

Specifically, if your existing employer has revoked the H1B petition, the process for resubmission will be similar to a typical H1B transfer. This means that you will be subject to the same cap and lottery process as applicants who applied for the first time.

Conclusion

In summary, while the process of reapplying for an H1B visa following a withdrawal can be complex, it is not impossible. However, it is crucial to understand the implications, including the need to comply with the H1B cap and the potential for a lengthy wait before a new petition can be processed. For further assistance, it is recommended to consult with an experienced immigration attorney who can guide you through the nuances of H1B visa regulations.

Keywords: H1B Visa, Withdrawal of H1B Petition, Resubmission of H1B