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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28862
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I had a H1b visa from 2015 to 2018 (as a teacher in

Customer Question

I had a H1b visa from 2015 to 2018 (as a teacher in university) that was revoked on May 2016. I applied for B1 (visa for conference) to keep my status. I got RFE for B1 on August 2016, but got job offer and just received my approved new H1b (as a teacher in another university) valid from August 2016 to August 2019. Should I respond to the RFE for B1 or let the B1 get denied (as I don't need it anymore) ?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: Was my explanation enough ?
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: my two jobs are teaching in university (9 out of 12 months appointments). Also, I have not exited USA since 2014
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: connect me plz
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I am understanding that with the pending cos to B1 your new H1B was approved?

That is great and you may want to withdraw the B COS. Please confirm you have new I-94 with dates thru 8/2019.

Judith

Customer: replied 11 months ago.
should I respond to RFE and then withdraw?
Or just don't respond to the RFE ?
Customer: replied 11 months ago.
1- Does not replying to RFE affect my future visas ?
2- Does not replying to RFE affect my current status ?
Customer: replied 11 months ago.
I do have I-94 attached to my H1b approval valid until 2019
Expert:  Judith Ludwic replied 11 months ago.

Apologies, I had a telephone call with a customer.

You will want to withdraw the COS from H1B to B because if it is approved then the last action rule would come into play and your new H1b would be changed to B status and you would have to go out of the country and re-enter to get your H1B status back.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 11 months ago.
Thanks for your reply. I understand now. I will ask for withdrawal. So, In my letter for withdrawal is it a good idea to also reply to RFE ? and considering the reason for withdrawal, is it good enough to tell them that because my H1-b is approved, I don't need B1 anymore ? do you suggest a specific format for my withdrawal letter ?
Expert:  Judith Ludwic replied 11 months ago.

I cannot give you any specific format under site rules.

Just be brief and in response to the RFE request that the request for COS be withdrawn. No further information is necessary and always the least said the better.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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