Transferring to previously approved H1B from H4

[SachinRG]

My wife had an H1B with an employer in India (Employer A) and has worked in the US (at client location: Client A; Since 2016). In 2019 she went back to India worked for Employer A for few more months and then resigned in April 2020. Employer A has pulled back the petition in September 2020 (or revoked visa; not sure if it’s the correct terminology).

She is currently working for another Employer B in India and now has an H4 visa (has traveled on same one time; Nov 2020- June 2021).

I’m trying to find answers for:

1. Can she come back on H4 is next 3-4 months and an employer can file for her H1 (H1B transfer or a cap exempt petition/ not going through the lottery again; not 100% sure about the terminologies)?

2. Once approved she can work and use her 3 and half years of unused H1B duration immediately (as she has already used about 2 and half years out of 6 years)? Or the start date has to be 1st October like the regular lottery applications?

3. Is there any time line before which the above process must happen, like 3 years or 6 years from the time of visa revocation? or there is no time limit?

4. Any further details required for conclusion on this request?

Any help or direction on same will be great.
Thanks!

[LeaveMessageH1B]

1 and 2- Yes its possible. She can start once she has approval. 

Alternate through H4 EAD is also possible. 

[JoeF]

The employer was required by law to inform USCIS when she stopped working there. That resulted in revocation of the H1 petition (not the visa, that's a different thing.)

Revocation of the H1 petition is an administrative thing and has absolutely no effect on her ability to get a new H1. A new employer can file an H1 petition for her at any time. She would get the remainder time. No need to go through the lottery.

Edited March 18, 2022 by JoeF