If the O-1 petitioner decides they don’t want to wait and withdraws the petition — is it simply nullified? Or can you find a new employer and reuse what was already filed? How does this work with USCIS, since the I-129 is tied to a specific petitioner, right?
Yes, it’s a brand-new petition from scratch — the I-129 is tied to a specific petitioner and can’t be reused. But all the evidence is reusable: letters of support, press, portfolio — everything already collected. So, on paper it’s easier than the first time, but legally it’s indeed a new filing.
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Thanks, got it. Do documents like letters of support need to be re-signed, or will the old ones with their original dates be fine?
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I had an O-1 work visa with my previous employer — I hadn’t even quit yet, but they canceled it when I applied for a new one right at the consulate. So don’t count on the old visa sticking around as a backup during the transition period.
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Regarding the support letters - when I was in a similar situation (the petitioning company went out of business, all the documents were already gathered, and the lawyers had been paid), the attorney said the content of the letters themselves could be left unchanged. But it’s better to ask the recommenders to put a current date - especially if a letter is more than a year old. USCIS looks at the dates, and if everything was signed a long time ago they can issue an RFE (Request for Evidence). I had two recommenders re-sign then, left the others as they were - it went through without any issues.
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When the case is approved but the visa hasn’t been stamped yet, it’s a slightly different situation than when it’s already valid. Attorneys usually suggest two routes: refile with a new petitioner (a new I-129 from scratch), or enter on the current petition and change employer after arrival — but in that case they ask you to work for at least a couple to three months with them for the sake of appearances. The second option is risky: de jure, without an employment contract your status is in limbo. As for refiling — if the case was already approved with the same documents, they should approve it a second time as well; that’s the logic.
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look, it’s important to distinguish withdraw and revoke — with a withdraw the petitioner withdraws the petition themself, and the file stays in the USCIS system. A friend of mine, when he changed employers to O-1, referenced the receipt number from the old petition on the new I-129 — the evidence was the same, and it was approved in a couple of months without an RFE. On dates, I agree: roughly speaking, if a letter is over a year old, it’s easier to ask to have it re-signed with a current date.
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Hey, don’t worry — the docs for the second petition are already done; we just need to update the dates.
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