How to Withdraw your EB1 Application

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Published by Mei in EB1 Green Card | Updated 2024

If you have received an RFE and it is overwhelming or received an NOID that you can’t possibly rebut, there is another option open to you – you can withdraw your application. If you request that the petition be withdrawn, your filing fee will not be refunded.

You may withdraw a Form I-140 at any time. Perhaps you have work in another country and don’t wish to move to the USA now.

Withdrawal requests should include:

  1. A statement/letter indicating that the Form I-140 petitioner(you) wishes to withdraw the petition
  2. The Form I-140 petition receipt number
  3. The name, address and phone number of you, the petitioner(try keep this the same as your original application)
  4. The name of the alien beneficiary(you)
  5. The alien registration number of the alien beneficiary, if known(include your previous receipt number if none)
  6. The petitioner’s signature or the Form G-28 representative(if you had a lawyer).

Send the withdrawal request to:

If your application came from The Texas Service Center (TSC) or the Nebraska Service Center (NSC) they have dedicated U.S. Post Office Box for the submission of Form I-140 petition withdrawal requests.

Check current USCIS address. As of May 2024 these are correct:

You have the full length of time given for your response to decide your course of action. Don’t be rash and throw all the work you have done out the window, but examine your case and determine if it’s worth the shot or better not to risk the denial.

Use express mail with tracking and send it your response at least two days before your deadline to ensure that it reaches its destination in time.

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All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.

If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!