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. 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. 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, Sample
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
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.
You only get one withdrawal confirmation letter, that says “DHS is acknowledging the receipt of your request and they will not process your case”. So, there is no second letter that you get, you only get one letter.
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.
Hi All,
My dependents H4 extension has filed on 07-Jun-2018 along with main applicant .As I did not get the decision and when I completed 240 days time I moved out of US to Canadaalong with my dependents . we had received approval decision in Apr 2020 and only main applicant petition approval was sent to my petitioner address and my dependents approval notice was sent to my old US address and it is returned back to USCIS as I was not present. Post that applicant has applied one more extension this year while I am in Canada and received the new extension approval till 01 Jan 2024. So in such case, do we have to withdraw the dependents InProgress petitions from USCIS & apply the H4 stamping on main applicants new petition ?
Hi Kumar,
My Wife’s H4 Visa expired on 12th Dec, 2021. We have already submitted H4 I-539 extension petition for her. It’s still pending approval and we didn’t receive biometric appointment yet. Now, my wife travelled to India on family emergency on March 26th, 2021.
Our company’s Immigration helpdesk asked me to withdraw her petition before I initiate a stamping (My H1B petition is approved).
Now, my questions are
1. Can I withdraw my wife’s petition ?
2. If I am allowed to submit withdrawal on her behalf, can someone share the formart for withdrawal letter ?
3. If I submit a withdrawal request for her H4, will that make her out of status for the period she remained after her previous Visa’s expiry ?
4. We are planning to do her stamping in India based on my H1B approval, will there any issue due to withdrawal ?
Any help will be appreciated.
Thanks,
Santosh
little correction to above post visa expired on 12th Dec, 2020
Hi! When I withdraw the H4 extn what happens to the EAD? My H1B got approved after my H4 extn was filed. If I send a withdraw request and if the H4 approval comes before they process withdrawal then I will be out of status?
If I send a withdraw letter for a ‘Change of Status’ do I need to wait to receive the acknowledgment letter before I leave the country?
If not, then how will I prove that I sent the letter for future application purposes or to enter the United States again?
I received biometric appointment letter for my wife and daughter(13 years old) for H4 extension (I539) but they already received green card in August 2020. Do we need to send the letter to withdraw the petition?
Hi Kumar
The above Sample H4 Withdrawal Acknowledgment Letter from USCIS that you pasted is just withdrawal acknowledgement and you received the actual withdrawal/denial decision later? If so, what is the meaning of “Action has been terminated on this application” ? Or It is both acknowledgement and withdrawal/denial decision letter? I am trying to understand if we get the final denial/withdrawal decision separately.
Sharath,
You will not get any second one. The acknowledgement tells that “Action is terminated on your case” that itself is the confirmation. There is nothing else to send to user.
Hello,
I have my i539 and H4EAD (Filed concurrently) pending at USCIS . I need to travel outside country and get my H4 stamped. Upon return, do I will withdraw my i539 but do I need to withdraw my EAD application too? How does USCIS know that I do not need biometric any more and they can proceed with my EAD adjudication which isn’t tied to i539.
Pratichi Dash,
Technically, it should not matter, if you exit and re-enter with stamping. you can withdraw the H4 after stamping providing the visa stamp. In that way, you do not miss out EAD processing.
Hi Kumar,
What happens to EAD application in this case?(i-539 and i-765 filed together)
USCIS denies H4 extension application and continue processing same EAD application? IF so, how to submit latest i-94 to USCIS ?
my dependents already travelled to india, can I send withdrawal letters on behalf of them ? Please guide me.
satish,
Yes.
Thanks Kumar for the details. We followed the format and sent withdrawal letter to Texas service center. USCIS have acknowledged withdrawal letter, and the H4 petition was denied based on the withdrawal request letter in four weeks.
Hi Dinesh,
Sure. Thank you for sharing the details. Just to clarify, you got the acknowledgment after four weeks or the status online changed in four weeks ?
Status online changed in four weeks.
Dinesh,
Great. Assuming 4 weeks from the day you sent the letter…Did you get letter like in 6 weeks or sooner ?
Yes, the online status changed in 4 weeks from the day letter was sent. We received the mail letter in 5th week.
Hi Dinesh,
We have sent i-539 withdrawal letter to the address 4141 N ST Augustine RD, Dallas, TX by FEDEX and waiting for update. There are multiple Texas addresses to send H4 withdrawal letter. May I know to which address you have sent your H4 withdrawal letter. Thank you.
Hi Shilpa,
We sent the withdrawal letter to the same address mentioned in our receipt notice for I-539 petition, and i have added USCIS on the first line of that address. I have sent it to:
USCIS
Texas Service Center
U.S CITIZENSHIP & IMMIGRATION SVC
P.O. Box 851488 – DEPT A
Mesquite TX 75185-1488
Hi Dinesh,
With the address on the receipt mentioned in our receipt notice for I-539 petition, can we send the withdrawal letter through any mail carriers? or does it have to be Fedex ? Can I send with USPS?
Hi Shilpa – Did you get any update on withdrawal of your H4? Also, did it affect your EAD application in any way?
Hi Dinesh
Your withdrawal notice and denial notice both are in one notice or you received them separately?
Hi Sharath,
Receieved one notice only.
Hi Dinesh – Thanks for sharing the info. Can you please share the address where you mailed the application.
Hi Aniket,
We sent the withdrawal letter to the same address mentioned in our receipt notice for I-539 petition, and i have added USCIS on the first line of that address. I have sent it to:
USCIS
Texas Service Center
U.S CITIZENSHIP & IMMIGRATION SVC
P.O. Box 851488 – DEPT A
Mesquite TX 75185-1488
I submitted my i539 online, but I understand I need to physically mail the withdrawal letter. To which Service Center should I address this letter to?
Srija,
Did you get a any communication after the online request with a receipt number. Your receipt number would indicated the service center. You can try calling the customer service, if you are not sure.
Hi,
My spouse(wife) has H4 Visa and she was expired on March 9 2020. I have below questions.
1). Do I need to submit H4 withdrawal request for her ?
2). Incase of second marriage, Can i get another H4 visa (for new spouse) without previous H4 withdrawal ?
Can anyone please help to answer them?
Hi!
Timeline:
I was on J2 status valid till 6/30/2020, we applied for H4 COS in May 2020 based on my husband’s approved H1b effective 7/1/2020. My I-539 is still pending.
I was working on J2 EAD but stopped in June 2020 and my employer had applied for cap H1b earlier and I was selected in the 2nd round lottery (August 2020). My H1b petition was approved as COS with I-94# on 10/06/2020 and we received I-797A a few days ago.
Question:
1) If I withdraw my I-539 COS to H4 will I have a gap in “legal status” (from 6/30/2020 to 10/6/2020) that will affect future immigration applications?
2) If I don’t withdraw the I-539, will the approval of the H4 be backdated to the requested date on I-539 (07/01/2020) which is the date my husband’s H1b status became effective and thus making my current H1-B approval which is effective 10/06/2020 the actual “last action”? Or will the H4 be approved the day it is adjudicated making my status at that point H4 and not able to work?
I’m confused.. Can anyone advise?
Thanks!
I am in similar situation, is there any suggestions. If we withdraw I1539 will not create a gap although the technically application was in process
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 !