Want to cancel H1 petition. Please Help!!

indimaler

New Member
Hi,
My wife is currently on a H4 and she was offered a job by a consulting firm and the firm has filed an H1 petition for her(sept 16). However, we havent been able to contact the firm over the last month (they are unreachable, so we cant ask them to cancel the petition, and we are no longer interested in continuing the H1 processing). Therefore we would like to cancel the petition ourself. We have the LIN number for the petition. Can we cancel the petition on our own?

I have read that if we were to travel to Canada and come back to the usa and use her H4 visa, we can revert back to H4, but the problem is that we recently got my h1 extended and the extended H1/H4 isnt stamped on our passport, so going to canada might cause us problems on reentry to usa?

I hear that AOS in these H1-H4 cases is risky, if done in the US. I doubt the firm is in business and even if it is, they are behaving very irregularly, so getting paystubs from them might be a problem.

so, given that her h1 petition isnt approved yet, and that she is on a valid H4, what can we do to cancel the H1 petition. I would prefer to not have her move from H4 to H1 status and I think, given USCIS processing dates, we have about 15 days left before she gets a H1.

Please help
Thanks!
 
indimaler said:
Hi,
My wife is currently on a H4 and she was offered a job by a consulting firm and the firm has filed an H1 petition for her(sept 16). However, we havent been able to contact the firm over the last month (they are unreachable, so we cant ask them to cancel the petition, and we are no longer interested in continuing the H1 processing). Therefore we would like to cancel the petition ourself. We have the LIN number for the petition. Can we cancel the petition on our own?
---H1 is filed by Employer or employer lawyer and only employer can cancell/revoke the H1 petition
I have read that if we were to travel to Canada and come back to the usa and use her H4 visa, we can revert back to H4, but the problem is that we recently got my h1 extended and the extended H1/H4 isnt stamped on our passport, so going to canada might cause us problems on reentry to usa?

I hear that AOS in these H1-H4 cases is risky, if done in the US. I doubt the firm is in business and even if it is, they are behaving very irregularly, so getting paystubs from them might be a problem.

so, given that her h1 petition isnt approved yet, and that she is on a valid H4, what can we do to cancel the H1 petition. I would prefer to not have her move from H4 to H1 status and I think, given USCIS processing dates, we have about 15 days left before she gets a H1.

Please help
Thanks!
 
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