Can I withdraw my case after receiving an RFE?

Yes. It is possible to withdraw an H-1B petition at any point, including after receiving an RFE (Request for Evidence), the notice in which immigration authorities request additional evidence to clarify or strengthen the petition.

In practice, failing to respond to an RFE typically results in the case being closed without a decision on the merits. The key issue is that this choice is not neutral: records of prior petitions may be considered in future applications, and forgoing a response means giving up the opportunity to address exactly the points the officer raised.

• Withdrawal is technically possible, including after an RFE.
• Without a response, the petition is generally closed without a final decision.
• Prior petition history may be taken into account in subsequent proceedings.

Before walking away, it is worth understanding why the RFE was issued and whether the gaps identified can be addressed. Because the long-term impact varies case by case, confirm the implications with USCIS or with a qualified specialist before making a decision.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.