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
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.
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
No, there is no specific form to withdraw your H4 petition.
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.
No, you cannot track it. There is no tracking number. All you can track is your mail delivery, that’s it.
There is no SLA from USCIS for this process. It can take anywhere from few weeks to few months.
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.
No need to notarize the H4 or H4 EAD withdrawal letter. You can send it by signing it by yourself.
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.
Comments ( 37 )
Hi,
My spouse got a new job offer and his new company filed H1B transfer for my husband and H4 visa extension (I539) for me. Once the H1B transfer approved, due to covid19 my spouse couldn’t join the new company. Then the new company revoked his H1b transfer. But they didn’t revoke my H4 extension which was already approved. Now my spouse’s employer filed H1B extension for him and it got approved. But my H4 visa extension (I539) is still waiting without any updates for last 4 months. Now I can see my H4 extension filed along with my husband’s H1B transfer is in “Case was Reopened” status. Unfortunately the letter from USCIS went to the company which filed our H1B transfer case. Looks like that company didn’t respond for last 3 months. In this scenario what are we supposed to do?
Hi, Do I get refund of my withdrawn H4 COS petition? Also is there a way to change the “effective date” mentioned in H4 COS petition without withdrawing it?
I got my H1b approved after filing H4 COS with a past date. I want to change it to a future date. Any way to do this?
Hi , I recently changed the employer, Now my previous employer revoking my old H1B. Attorney of last employer is also asking me to revoke old H4 of my spouse to avoid any issue. Is it mandatory to revoke previous H4 if you filled new H4 ( it is still underprocessing since h4 these days take 4 months). There are only 4 months left in previous approval of H4.
Jai,
No need to. H4 is not tied to employer, so you can ignore their advice. It is tied to H1B spouse status.
Hi!
Is it possible to upload the withdrawal letter to your USCIS portal or does it have to be a mailed letter? What are the consequences of leaving the country without withdrawing a COS petition? Thanks!
Sam,
You mail it to them. No online option. Well, nothing negative, unless you violated something.
Can you send your withdrawal letter and immediately leave the US? vs waiting to hear that your withdrawal letter is received. Basically to show you took actions to withdraw and didn’t just abandon application to extend. The whole point of withdrawing is because the person no longer wants to wait in the US. Thanks!
Mindy,
You may not get any acknowledgment from them immediately, it can take months. You just make sure you have a copy of the letter, Postal mail delivered conformation and then leave.
can we apply for H4 withdrawal or attorney has to do(if H4 is filed by Attorney) ?
srilaxmi,
You can do it too. Does not require attorney.
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.
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.
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?
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.
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.
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…
Kumar,
Thank you for your response, I appreciate it.
Hi Sarala,
Im also in same situation..can yu share what yu did for maintaining your daughter status?
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?
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.
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.
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.
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.
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.
Hello Srini,
Were you able to withdraw H4 before it is approved? What happened in your case? Could you please throw some light as we are in the same situation now.
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.
sarala,
Maybe able to. I suggest you speak to attorney on this as this is a tricky situation as there can be dependencies.
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 .
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
Texas Service Center
U.S CITIZENSHIP & IMMIGRATION SVC
P.O. Box 851488 – DEPT A
Mesquite TX 75185-1488
Thanks,
Bharath
Bharath,
Yes, you would send it to the same place, where you sent the actual package or where you received the receipt notice from.
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?
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
When we need to send this letter to withdraw?
After returning to US from foreign country or before leaving the US to Foreign country?
Nero,
It is better to send it before you travel, if you can…
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.
Yes, absolutely !