Can H1B application be taken back by a sponsor after filing

Hi,

I was approached by a US consulatancy for filing my H1b transfer application while in India. Initially I said ‘Yes’ but to due to some reasons I cam to know that I will not be able to travel, so when they told me about the filing , I asked them to take it back.

They said that it can’t be done.

I want to know if it is possible to take back the application after filing? Will the money be reiembursed?

Please let me know.

Thanks,

Tej

Yes, they can withdraw it after it has been filed. However, they should wait to see what happens in the lottery. if the petition doesn’t make through the cap, then it will be automatically rejected and entire fees returned. If it makes through it, then employer will have to withdraw it but no fees will be returned.