H4 Withdrawal Process to USCIS Information

How to withdraw H4 Application? Sample Letter, USCIS Confirmation

In H4 Visa by KumarUpdated : 27 Comments

Since the introduction of the New I-539 form with Biometrics, the processing delays have skyrocketed. Many are waiting for months with H4 EAD pending after Biometrics… It is a challenge for many to travel out of US with pending H4 with USCIS  as it can lead to I-94 mismatches or abandonment of the change of status (COS) applications. One of the better things to do is to withdraw H4 application with USCIS. Recently, one of our readers (anonymous as requested for privacy) sent a H4 withdrawal letter to USCIS and got confirmation from USCIS for the same. The user was kind enough to share the exact sample H4 withdrawal letter template they sent to USCIS. Also, they shared their H4 withdrawal notice confirmation from USCIS as well. Thanks a lot to our awesome reader for taking time to share the details to help the community. We really appreciate it!  You can share your experiences to us by emailing at redbus2us (at) gmail.com.

Process to withdraw H4 or I-539 Application with USCIS?

The process is pretty simple, all you need to do is send a withdrawal letter to USCIS requesting them to withdraw your application.  There is no official letter or form that USCIS provides for you to use for the requesting the withdrawal of your application.  All you need to do is write up a simple letter on plain paper, sign it and send it to USCIS. Nothing fancy, you can create your own letter as well as there is no special format or template. You can use our sample that we used, see below.  You need to provide the reason for withdrawal for the same.  In short below are the steps and process with details at each step.

Step 1 – Craft H4 Withdraw Letter: 

Create a simple withdrawal letter with your reason for withdrawal. Below is the letter we used to send to send to USCIS and it worked for us. You can use the same sample letter or create your own. Key thing to remember is you need to mention the reason, details of your application. You can copy paste the text as well from the document.

Sample H4 Withdrawal Letter to USCIS

H4 EAD Withdrawal Letter Sample to USCIS

Sample H4 Withdrawal Letter in Word / Google Docs Format to Copy  

Step 2 : Mail the Withdrawal Letter to USCIS :

Once you have the letter ready, all you need to do is enclose the supporting document copy of your H4 receipt notice and send it using USPS, UPS or Fedex. We send it using USPS Priority mail. It is recommended that you mail it with tracking for your records and confirmation for future reference.

Step 3 : Wait for USCIS to send acknowledgement Letter: 

This is the part that is difficult for most of us…waiting for the confirmation from USCIS… It can take anywhere from few weeks to few months. There is no set SLA for USCIS to send the acknowledgement letter. There is no way to track the status of your letter as well…so, it is kind of a black box, you just hope they will send it soon. It took us 3 months to get the acknowledgement letter.

Step 4: Receive the Acknowledgement Letter : 

We got our acknowledgment letter from USCIS after close to 3 months. It looks like below.  

Sample H4 Withdrawal Acknowledgment Letter from USCIS :  

Below is the letter we received from USCIS. It says Decision letter and indicates that our request to withdraw the Form I-539, Application to extend/ change non-immigrant status filed on XXX date. It clearly tells the fees are not refundable.

H4 Withdrawal Acknowledgement Letter from USCIS


Overall, it is a very straightforward process, just that it can take time and there is no way to track your request that you sent to USCIS…

Common FAQs on H4 Withdrawal Letter

Is there a USCIS form for Withdrawing your Application ?

No, there is no specific form to withdraw your H4 petition.

Is there any USCIS letter format that you need to follow  for withdrawal letter ?

No, there is no such format given by USCIS. You can create your own letter. Check the sample letter in article for guidance on what worked for us.

Can I track my H4 Withdrawal Letter ?

No, you cannot track it. There is no tracking number. All you can track is your mail delivery, that’s it.

How long can H4 Withdrawal Process Take ?

There is no SLA from USCIS for this process. It can take anywhere from few weeks to few months.

Can I use the above H4 withdrawal letter sample for H4 EAD Application withdrawal ?

Yes, you can use the same format and send H4 EAD Application withdrawal as well. There is no format given by USCIS, all they need it details of your application and reason for withdrawal.  

Do I need to notarize the H4 Withdrawal letter before I send to USCIS ?

No need to notarize the H4 or H4 EAD withdrawal letter. You can send it by signing it by yourself.

When is the best time to send H4 withdrawal letter ?

Once you are sure that you are traveling out of the country or do not need the H4 application, you should send it immediately. It should be sent before the decision is made by USCIS.

What has been your experience withdrawing your application from USCIS ?

Any other samples or templates to share ? Any other pointers to share with community ? Share your thoughts in comments.

   

Other Articles


Comments ( 27 )

  1. Niki

    I applied for i-539 change of status on April 8th and I sent a letter to withdraw the application on June 30 as I got my H1 transfer approved. But USCIS has changed my i-539 change of status application to “In review” this week. I don’t want it to get approved as I am on H1. What should I do? Please clarify.

    1. administrator
      Kumar

      Niki,
      There is not much you can do, you can try to call them and ask, if there is an option. You can discuss with your attorney as well.

  2. Sneha

    Hi Kumar,

    I have a quick question, I am currently on h4 and have h4 ead. My employer filed h1b for me under consular processing just as a backup and I have it approved. Now can i join another company with this h1 approval even though it has never been activated?

    1. administrator
      Kumar

      Sneha,
      It is slightly grey area, the reason is you never got h1B status yet. USCIS can question at times on the status part. If you had got COS approved or Stamping done, it would have been much straightforward…now, it is slightly subjective.

      1. Sneha

        I guess I am worried about going through the lottery next time when another employer files for one. Also, the validity on my current h1b approval.

        1. administrator
          Kumar

          Sneha,
          If you have an employer willing to give it a try, you should proceed. There are cases, that were approved, there are cases that did not go through as well…

  3. AP

    My wife’s H4 extension was filed on 04/14 (H4 was expiring on 04/20) and it is not approved yet i.e. by 06/27/2020

    But on 06/26/2020, her H1B COS petition was approved.

    Along with filing the H4 withdrawal, what else do I need to make sure that this H4 petiton gets withdrawn?

    Along with that, how can we get H4 approval notice for the period 04/21-06/25?

    1. administrator
      Kumar

      AP,
      not much other than sending the request. It is more of a timing thing now…some you may not be able to control. You will not have one for that period, you were in period of authorized stay.

  4. P

    Hello,

    I’m currently on F1 OPT. My 90 day unemployment period is going to end on July 26, 2020. I’m in the process of changing my status to H4 in case I don’t find a job in the next 3 weeks. If I get a job after applying for COS to H4, can I withdraw the application and still be able to work on OPT?

    Thank you so much for your help.

    1. administrator
      Kumar

      P,
      Well, that will take time and may or may not work. The reason is you will have to again request for COS and you need I-20 and your DSO need to give you documents and COS takes time…it is tricky and may or may not work.

  5. Srini

    Hi,
    This is related to situation where Student F1 Visa conversion from H4 and H4 Visa extension applied in parallel. F1 Visa status is approved and H4 Visa extension is still pending decision with USCIS.
    Can we request USCIS to withdraw H4 Visa extension application as F1 Visa (status change from H4) approved.

    1. administrator
      Kumar

      Srini,
      Yes, you can. As long as it is not yet processed, they would withdraw it. The challenge is the delay in response from USCIS.

  6. sarala

    HI,
    my wife applied for H4 for me by filing I539 and for my daughter with I539-A. When my H4 was in pending, I got my H1b. Now I received a letter from USCIS asking either to withdraw my application to H4. My concern is can I withdraw my H4 because I have H1 already without effecting my daughter to continue with her H4.

    please help me with your valuable suggestion.

    1. administrator
      Kumar

      sarala,
      Maybe able to. I suggest you speak to attorney on this as this is a tricky situation as there can be dependencies.

  7. Dhawal

    if a person travelled back to india , how we can give contact details in us , is it friend’s address you mean in sample letter . contact details in usa .

  8. Bharath

    Hello, Thank you for the information.

    To which address should we be sending this withdrawal letter?
    My dependents’ i539 and i539a were submitted to texas service center and I have the below address in the receipt notice. Can we use the same address as in the receipt notice? Please advise.

    Thanks,
    Bharath

    1. administrator
      Kumar

      Bharath,
      Yes, you would send it to the same place, where you sent the actual package or where you received the receipt notice from.

  9. Spujari

    So if I send a letter to uscis to withdraw my h4 once my h1 is approved, what happens if uscis already approves h4 before even processing my withdrawal letter?

    1. administrator
      Kumar

      Spujari,
      Oh well, then it does not matter….It goes by last action rule, whichever came last, that will matter.You should talk to attorney on this on the timing and adjust accordingly

  10. H4EAD

    Another reason to withdraw H4/H4 EAD application is if when your pending (not your spouse’s) H1B application gets approved and you do not want to get back into H4 status inadvertently.

Leave a Comment

Comments Policy :
  • Comments are to drive conversation, add your thoughts, experiences, ask questions!
  • Do NOT write hate speech, swear words, or get into fight. Maintain etiquette
  • Enter your Name, valid Email, URL(optional - Facebook, LinkedIn profile URLs).
  • Your email will NOT be published. Do NOT post any phone numbers, email-ids
  • Do NOT post any links from other websites, unless official sites, University websites.
  • By submitting your comment, you agree to Term and Conditions of our website.