H1b extension withdrawl after coming to home country. I94 already expired.


#1

Hi I have a question regarding cap exempt.

My amendment plus extension was filed in Aug 2017 when i moved from client A to B for employer C. For around 9 months no update was there on my case , In may 2018 my employer attorney raised a service request with USCIS and USCIS replied that they have sent RFE in my case but attorney said they did not received RFE and no update was there on USCIS website too.

Attorney asked to send RFE again, USCIS updated site that they send rfe on June 5 2018 but attorney did not received RFE again. I made a lot of follow ups with attorney but nothing happened.In Aug 2018 my 240 days got over and i came to my home country. After coming to home country my RFE came but I am not working for client B anymore in India through employer C and do not have the docs to reply to RFE.

Attorney said its better to withdraw the case to avoid denial in that scenario.

If i withdraw the case then.

  1. Am i still eligible to file cap exempt for any client through employer C?

  2. If i withdrew ,will my h1b will get revoked??