Can H1B application be withdrawn after getting a receipt?

Hi,

My H1B application has been selected in the lottery system and I have received the receipt number for my application from USCIS. The case status indicates that the my application is in “Initial Review” state. I have the following questions:

[1] Will it be possible for my employer to withdraw my application now?

[2] If yes, will it have any negative impact when I to try to apply for H1B sometime in the future?

[3] I know it’s a dumb question but is there any possibility of getting a refund or a part of the application fees?

I request somebody to clarify my above doubts.

Regards,

Srini

  1. Yes

  2. No - not due to this reason.

  3. No.

If it’s been approved but you don’t use it, then you can apply for a cap-exempt H1-B for the next six years (since you have already been through the cap).

If withdrawn before approval, to get an H1-B you would have to go through the cap again (next earliest opportunity to start would be October 2014).