How to withdraw an approved H-1B petition?

Withdrawing an approved H-1B petition is, first and foremost, an action that depends on the employer. Because the H-1B is an employer-sponsored visa, it is the company that filed the petition that formally submits the withdrawal, not the beneficiary alone. That is why the first step is to align the decision with the employer.

In practice, the process typically goes like this:

• You notify the employer of your intention to withdraw the petition.
• The company sends USCIS (U.S. Citizenship and Immigration Services) a letter requesting the withdrawal of the approved petition.
• That letter identifies the case, with the petition details, so the request can be processed correctly.

One important point to keep in mind: the withdrawal may affect your status in the United States, especially if you are already working in the country under that visa. In that case, additional steps may be required to change or regularize your situation.

Because each situation has its own implications, the safest approach is to maintain open communication with the employer and review the official USCIS guidance or consult a specialist before formalizing the withdrawal.

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.