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.
Article Contents hideThe 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.
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.
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.
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.
We got our acknowledgment letter from USCIS after close to 3 months. It looks like below.
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…
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.
Do I get one or two withdrawal confirmation letters ?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.
Ask a Question Add a CommentI need to withdraw my H4 petition as I got my H1 approved. I got the receipt notice I797C from the address below. Department of Homeland Security
Vermont Service Center
38 River Rd
Essex Junction, VT But i initially mailed my H4 petition to address: USCIS
Attn: H4 (Box 660921)
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067-8003 So which address do we need to email my H4 withdrawn petition? Reply
manoj,
Usually, you should send it to the location that has your petition now. It would be the Vermont service center in your case. Reply
Hi Manoj Which location did you sent you application withdrawal letter?
When did you get you withdrawal confirmation?
Any other information to take note of ? Reply
Hi Kumar I got my H1 extension approval recently and my wife who was on B1/B2 also applied for change of status to H4 (I-539) . My H1 was approved but her case is still pending and it’s been more than 8 months that we are awaiting response for her case. Is it possible to withdraw the case from here and apply for her H4 from India since the time slots are now open and easily available ?
Her Details :
Month of entry to USA: January 2022 on B1/B2
Change of Status request B1 to H4 (I-539) : June 2022
Decision : Pending Reply
Sameer,
Technically, as soon as you leave the country, your COS application is considered abandoned and it will be denied. So, it should be automatic. To be safe, you can exit the country and also submit the withdraw application. Yes, she can get stamping in India. Reply
Can anyone comment on how long it took for them to get their H4 withdrawn? I am in a tricky situation with an approved H1B COS and a pending H4 COS+EAD. Worried that the approval might come in despite filing withdrawal. Reply
Bhavya,I received decision from USCIS regarding my H4 withdrawal petition stating: Action has been terminated on this application. So, how do I know more about the decision made on my case? I checked the USIC portal by providing the LIN number and the decision was not updated there. Reply
How long did it take for you to receive the decision from USCIS? ReplyI got laid off from job while on H1B and to safeguard file for H4. Now I found a new job and got my H1B approved. I believe I have to send withdrawal letter for H4-I539 application Q 1. Should I send a withdrawal letter via fedex/ups/usps
Q 2. Recipient address ( I have used the same as in H4 receipt). Is that correct?
Nebraska Service Center
United States Citizenship and Immigration SVC
P.O.Box 82521
Lincoln NE 68501-2521
Q 3. Should I send withdraw letter after I start my new job(04/11/2022 start date) or even today as my H1B is approved thanks Reply
I got laid off from job while on H1B and to safeguard file for H4. Now I found a new job and got my H1B approved. I believe I have to send withdrawal letter for H4-I539 application Q 1. Should I send a withdrawal letter via fedex/ups/usps
Q 2. Recipient address ( I have used the same as in H4 receipt). Is that correct?
Nebraska Service Center
United States Citizenship and Immigration SVC
P.O.Box 82521
Lincoln NE 68501-2521
Q 3. Should I send withdraw letter after I start my new job(04/11/2022 start date) or even today as my H1B is approved thanks Reply
I applied for h4 and H4 EAD application in March 2021 as my f1 visa was expiring in October 2021. My h4 application was still pending. So, my company applied h1 for me and h1 visa got approved by end of November 2021. I applied for withdrawing my h4 and H4 pending EAD. Two days ago, I got h4 and H4 approval notice with EAD card in the mail. Will USCIS withdraw my h4 now even if it’s approved (not a pending application anymore)? Am I going to be out of status? Thank you! Reply
Ramji Jeevanram Can i withdraw my first i 539 after i file a new i 539? When the primary h1 changes the job. Reply Rishitha YedireI am planning to withdraw CoS from H4 to F1 application and travel to India? Can I travel back to USA even without a response on my withdrawal status? Reply
Khet me put put putWith or without a response you are still in H4 status, H4 is on travel ban. Use your head a little bit. Reply
Rishitha Yedire I will be traveling back on F-1 visa. 🙂 Reply Sandeep TanikellaFor F1 visa, are you taking a fresh i-20 or the same one that you used for applying H4 to F1 CoS? Reply
Hello All, I have a question.
My husband filed H4 application for both me and my son. The visa applications have not been processed yet. Meanwhile I received my H1B extension approval.
Questions are:
1. If I withdraw my H4 application, will my son’s application be affected as well?
2. What will happen incase my H4 application is approved by the time they acknowledge the withdrawal letter that I mail them? Thanks,
AR Reply
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 ? Reply
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 Reply
1. Can I withdraw my wife’s petition ?- Yes. If the applicant leaves the country , the application is automatically deemed abandoned. However, to avoid I-94 mismatch if in case say the H4 extension gets approved, best practise is to send withdrawal letter to USCIS before leaving the country.
2. If I am allowed to submit withdrawal on her behalf, can someone share the format for withdrawal letter ? https://redbus2us.com/how-to-withdraw-h4-application-sample-letter-uscis-confirmation/
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 ? No, till USCIS takes the actions, she will in in pending extension status. She can stay up to 240 days in pending extension status.
4. We are planning to do her stamping in India based on my H1B approval, will there any issue due to withdrawal ? No issues Reply
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? Reply
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? Reply
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? Reply
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. Reply
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. Reply
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. Reply
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. Reply
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 ? Reply
Hey Kumar, What would happen if the H4 extension application is not withdrawn. Will it affect the H4 EAD application (with the possibility of getting RFE’d/ rejected/ denied) since it was filed concurrently with the H4 extension (which will be deemed useles eventually) Thanks
-Sameer Reply
my dependents already travelled to india, can I send withdrawal letters on behalf of them ? Please guide me. Reply
satish,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. Reply
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 ? Reply
Dinesh,
Great. Assuming 4 weeks from the day you sent the letter…Did you get letter like in 6 weeks or sooner ? Reply
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. Reply
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 Reply
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? Reply
Hi Shilpa – Did you get any update on withdrawal of your H4? Also, did it affect your EAD application in any way? Reply
Hi Dinesh Your withdrawal notice and denial notice both are in one notice or you received them separately? Reply
Hi Sharath, Receieved one notice only. Reply Aniket KaduHi Dinesh – Thanks for sharing the info. Can you please share the address where you mailed the application. Reply
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 Reply
so you online status on h4 says “case denied” or you mean got the letter citing “action is terminated”.Because there’s a difference between two denied means denied in adjudication while “terminated” means processing is stopped. Please clarify. I am i trying to update i94 on my h4ead and confused if i should withdraw my i539 or not, Reply
Arti NanoteHi,
I have the same question. My requested for H4 withdrawal and now on USCIS portal I see case denied. I am worried if the case was denied for some other issue.
I haven’t yet received any letter. Thanks Reply
Hi Dinesh,
I requested for H4 withdrawal and now I see online on USCIs portal that “your case was denied”. Did you receive the same update on portal for your cases status? Reply
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? Reply
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. Reply
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? Reply
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! Reply
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 Reply
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? Reply
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? Reply
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. Reply
Jai,
No need to. H4 is not tied to employer, so you can ignore their advice. It is tied to H1B spouse status. Reply
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! Reply
Sam,
You mail it to them. No online option. Well, nothing negative, unless you violated something. Reply
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! Reply
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. Reply