justin_fields

Hello!

I have a H1B visa that I no longer need. My employer is starting the "petition withdrawal" process.

With respects to question F on ESTA and with focus on the “visa cancelled” section of the question please can you help with the following two scenarios:

1) What is the impact of a H1B “petition withdrawal”? Is it the same as a “visa cancelled”? What shall I answer to question F on ESTA once the petition is withdrawn?

2) After a “petition withdrawal” is complete I believe an individual is likely to receive a CWP stamp on their H1B visa on their next visit. What is the impact of a CWP stamp on a H1B visa? Is it the same as a “visa cancelled”? What shall I answer to question F on ESTA if I get a CWP stamp on my visa?

Many many thanks to all!

Noorah101

If you already have the H1B visa in your passport, I don't believe the petition can be cancelled anymore...it's already been adjudicated.

Rene

justin_fields

Hello Noorah101 - thank you for the prompt response.

As I will be taking up a role back home (in the UK) I believe the US based petition associated with my H1B needs to be withdrawn as the role will no longer exist. A petition needs to be attached/associated with a particular role if I'm not mistaken.

I work for arguably one of the biggest companies in the world and they are adamant they are following procedure. I have been informed the "petition withdrawal" process will be initiated.

Therefore, I am curious how the initial "petition withdrawal" impacts me and then a possible CWP if I get one. When I state impact, I refer to question F on ESTA.

ian-mstm

It will not affect you at all for ESTA purposes. Only the US government can cancel a visa... not an employer, regardless of what they do. If the visa is no longer needed, then there's nothing further you need to do. The visa hasn't been cancelled. Why? Because the US government didn't cancel it.

Ian

justin_fields

Thanks for the answer Ian. I assume from your response that even when the "petition withdrawal" is initiated and completed I can still say "No" to question F on ESTA as the petition and visa are two independent and different things?


The employer will send a "petition withdrawal" letter to the USCIS as they are legally obliged to.
Once the “petition withdrawal” process is complete it will make the H1B visa unusable, as there is no associated active petition as there is no associated job.

This is a voluntary withdrawal as opposed to me doing something wrong and it being withdrawn as a result.

I assume the US government (in this case the USCIS) will indeed be involved as they will have to withdraw the petition. I do appreciate the ESTA question is explicitly regarding the visa and not the associated petition. However, I would still rather get an answer or some opinions prior to completing the ESTA form as I don't wish to provide incorrect information.

Can I still say “No” to ESTA question F after the “petition withdrawal” is complete?

ian-mstm

Correct.


I'm willing to bet good money that the US government won't do anything other than file the paperwork. They don't actually care whether or not a petition is withdrawn.


Yes!

Ian

justin_fields

Hi Ian,

Thanks for the response - it makes it clearer for me and puts me to ease a little. Thank you.

Referring back to my initial question 2, I think I may have my terminology and acronyms wrong, are CWP and CWOP two different things? As I assumed "Cancelled Without Prejudice" was CWP, but I have recently started to see the acronym CWOP, which makes me think I had the acronym wrong and that CWP actually has negative connotations and CWOP does not.

Do CWOP and CWP both mean "Cancelled Without Prejudice"?
Or, does CWOP mean "without" and CWP mean "with"?

To make my question 2 a little clearer, if I ever get a “Cancelled Wihout Prejudice” stamp I can still say “No”?

Apologies for the confusion on my end and hence the additional questions for clarity. Sorry.

Thanks.

ian-mstm

I have no idea... but it doesn't matter. You can say "no" regardless. Why? Because it's the petition that's being cancelled... not the visa.

Ian