Expired H1B Petition+Visa, never used, can it be revived?

[SSCK]

Hello,

 

I am currently on H4 visa, and staying in US. I had a H1B visa stamped, while working for a cap-subject employer in India. 

 

- H1B petition was approved sometime in 2009

- H1B Visa was issued (stamping) in Jan-2010

- The visa stamp in passport has the P# mentioned

- The petition and visa both expired in Mar-2012

- I Never traveled to USA on this H1B visa

- I worked for the sponsoring Employer until April 2012

 

So, to summarize, the H1B petition/visa was approved from Jan-2010 to Mar-2012,

but was never used and has expired.

 

At present, if same or another Employer is willing to sponsor H1B for me, can the above H1B petition be revived or can they file a non-cap H1B petition for me, because I have been counted under cap once already in 2010?

If yes, can it be done under premium processing, without having to wait for April-2014 timeline for new filing?

 

Thanks,

S.

[jairichi]

Hello,

 

I am currently on H4 visa, and staying in US. I had a H1B visa stamped, while working for a cap-subject employer in India. 

 

- H1B petition was approved sometime in 2009

- H1B Visa was issued (stamping) in Jan-2010

- The visa stamp in passport has the P# mentioned

- The petition and visa both expired in Mar-2012

- I Never traveled to USA on this H1B visa

- I worked for the sponsoring Employer until April 2012

 

So, to summarize, the H1B petition/visa was approved from Jan-2010 to Mar-2012,

but was never used and has expired.

 

At present, if same or another Employer is willing to sponsor H1B for me, can the above H1B petition be revived or can they file a non-cap H1B petition for me, because I have been counted under cap once already in 2010?

If yes, can it be done under premium processing, without having to wait for April-2014 timeline for new filing?

 

Thanks,

S.

Yes, an employer can file a cap exempt H1B petition with COS from H4 to H1B anytime and approval you can start working immediately. Yes, it could be filed in premium processing.

[rahul412]

Yes, you don't need to wait till April 1st.

[SSCK]

Thank you so much for your reply.