H-1B Petition Validity after Revoke

[gemini2608]

Hi,

I have a question pertaining to the feasibility of using approved H-1B petition after it is revoked by the employer and rejection of H-1B transfer.

Background:
I came to the US on H4 visa in May 2012 and applied for COS to H-1B through company ABC in April 2013 and it was approved in Dec 2013. H-1B petition was valid until September 2014. I changed my employer and applied for H-1B transfer to company XYZ in February 2014 and has been working on receipt notice through employer XYZ. USCIS issued an RFE on my H-1B transfer and employer XYZ responded to the RFE recently. Employer ABC revoked my H-1B visa in March 2014.

Question:
If the H-1B transfer to employer XYZ is not approved, I plan to change my status to H4 visa. In such a scenario, what happens to my H-1B petition? While on H4, if I find an employer willing to sponsor H-1B before or after H-1B approval expiry date (i.e. Sep 2014), will my earlier H-1B petition be of any use? That is, can I change status from H4 to H-1B without going through the lottery process in April?

Appreciate your response. Thanks.

[gemini2608]

Appreciate your response. Please advise.

[raghvi]

Appreciate your response. Please advise.

One should avoid joining an employer merely on receipt basis.

If H1 transfer is denied you basically go out of status as you would have been deemed to be working illegally for employer XYZ. Once out of status you cannot move back to H4 while being in US. You would have to leave US and re enter on a valid H4 visa.

Your H1 cap exemption would still be in place and if you find another employer they can file their own cap exempt H1 petition. You need not be part of lottery again for 6 Years from the time you last held valid H1 status.

This is my opinion not legal advice.