H1 Cancelation and Reinstatement

[deepsum]

Hi All,

 

Need to understand and want to know ......

 

My wife was on L1 B at the time of filling H1 (2013) (under change of status) , before the lottery results were out her L1 got expierd and did not got extended , so she returned back and in the mean time her H1 petition got approved. Due you certain reason she did not get the VISA stamped on H1.And now her Employer has got her H1 petition cancelled.

 

Now she wants to come back to US , can her petition be reinitiated  and what all option we have

 

1. Can it be reinitiated by the same Employer ?

 

2. Can it be reinitiated by the different Employer ?

 

3. Will it be under cap exempt

 

Thanks

 

Suman

[jairichi]

Hi All,

 

Need to understand and want to know ......

 

My wife was on L1 B at the time of filling H1 (2013) (under change of status) , before the lottery results were out her L1 got expierd and did not got extended , so she returned back and in the mean time her H1 petition got approved. Due you certain reason she did not get the VISA stamped on H1.And now her Employer has got her H1 petition cancelled.

 

Now she wants to come back to US , can her petition be reinitiated  and what all option we have

 

1. Can it be reinitiated by the same Employer ?

 

2. Can it be reinitiated by the different Employer ?

 

3. Will it be under cap exempt

 

Thanks

 

Suman

1. Yes.

2. Yes.

3. Yes.

[JoeF]

An employer (old or new) would have to file a new H1 petition.

[rahul412]

Yes

Yes

Yes

[t75]

Since she had an approved petition, any employer can file a new petition not under the quota.