Need to cancel H1B pending for RFE ??

P

patrik

New Member
Dear all,

I did not get my first H1B I-129 (w/ premium processing) approved (yet). Instead INS come back with RFE for more credentialer proof (according to the attorney).

Instead of following up the RFE, the attorney suggest my company to file another new petition with premium processing, saying it may be faster and safer. We did, and it was approved in few days.

1. Do I need to cancel the first pending petition ? What form is needed ? (attorney has charged us too much, for both I129 and additional attorney fee.)

2. I think/feel that not properly cancel the pending case will create bad record in INS which may affect his GC processing. Am I worried too much ?


Thanks alot !
- patrik
 
No. U can file 2 H1s at the same time and choose one to pursue. You can send a withdrawal letter, but as attorney of record, the letter might have to go from your attorney. Just draft a letter and enclose copy of H1 receipt.
 
If ignore the RFE, will it leave a refused record or abandoned record?

Hi Jaxen,

Thank you very much for the reply. May I know whether it will have a bad record in INS if we ignore the RFE until it the RFE letter expired ?

According to the attorney it will be considered abandoned case, ig ins did not receive response by 90days or so. The attorney does not wish to show us the RFE letter, if you have seen one, please roughly tell me what does INS intend todo after bRFE expired.


Thanks!!!!!!!!
 
What do you mean that the attorney does not want to show you (I assume by "us " you also mean the company) the RFE? He has no choice! The company is his client and if the client wants a copy of the RFE, the attorney has NO choice but to provide it.
 
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