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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94417
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi my F2 was in processing but i left US last week and reentered

Resolved Question:

Hi my F2 was in processing but i left US last week and reentered on a new work authorization. Now i want to withdraw my F2. Is there a template for F2 withdrawl or what are all information i should include in the F2 withdrawal letter
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

 

What do you mean you entered with new work authorization? What visa did you use?

Customer: replied 10 months ago.

I left us and came back on H1B

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
When you leave the U.S., your I-539 is deemed to be automatically abandoned. If you like, you can just write a simple letter explaining that you left and came back, give the specific dates and send them copies of your entry stamp and the I-539 receipt, request that is be withdrawn (even though it is already abandoned) and sign it. Please let me know if you have additional questions and please do not forget to rate my service to you as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Customer: replied 10 months ago.

Do I need to follow a specific template. I applied via Elis. So I think i have to write to Vermont service center, Am I right? is there way I can withdraw using Elis?


 

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
No specific template. That's why I said just a simple letter and honestly this is just to make you feel better because they are supposed to know that you left and came back (especially after 9/11). So write the simple letter to the center that is processing your I-539 (it should say on the I-539) receipt. And you can try using ELIS but if you are going to do this, I prefer to have a certified return receipt from the post office that shows that USCIS got your letter. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Customer: replied 10 months ago.

What do you mean "And you can try using ELIS but if you are going to do this, I prefer to have a certified return receipt from the post office that shows that USCIS got your letter."


 


You meant, I upload the document via USCIS ELIS system and also fedex the document to the service center to make sure they have the hardcopy.


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
As I said, you can to both, but this is just to make you feel better. You won't be hurting yourself or committing some big error if you send a letter and use ELIS. So if it makes you feel better, send both. But if you are going to do it anyway, don't do just ELIS. I prefer to have a physical copy from the U.S. post office that USCIS got the letter.
Customer: replied 10 months ago.

When I send a letter or upload in ELIS, i understand it be a week or ten days before USCIS looks at it. What happens if USCIS approves my application or denies meanwhile without noticing the abandonment due to travel.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
You have the proof that you left and came back before the approval which signifies that your I-539 was automatically terminated so any approval and I-539 after you left the U.S. is void.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94417
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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