Refile H1B petition after it is revoked by same employer who has rehired me?

[azhar.ss]

Hi - Employer A filed my H1B petition in November 2010 and it was approved till February 2012. Unfortunately before it was stamped, I resigned from from Employer A in December 2010 itself. It seems that Employer A has revoked my petition in January 2011 itself due to break in employement. After 4 years, now I have been rehired by same Employer A. I would like to know if it is possible for the same Employer A to refile the petition as non cap which was revoked by them?

Thanks in advance.

[azhar.ss]

Can anyone reply for this question?

TIA.

[raghvi]

Yes it should be possible till 2016.

This is my opinion not legal advice.

[azhar.ss]

Thanks for your reply raghvi. I just require one more opinion on this case. My Employer A states that it is a company's legal policy that they will not be able to file my H1B Not Subject to CAP petition using my previous petition and this makes me ineligible for H1B Not Subject to CAP visa request. Any thoughts on this? TIA.

[raghvi]

Thanks for your reply raghvi. I just require one more opinion on this case. My Employer A states that it is a company's legal policy that they will not be able to file my H1B Not Subject to CAP petition using my previous petition and this makes me ineligible for H1B Not Subject to CAP visa request. Any thoughts on this? TIA.

Well I cannot comment on the internal policy of the company.

So if you want to be go to US either stay with A and hope they will apply for you in April 2015, and hope you are lucky in a potential next year's lottery and hope that you get it by next year Oct 2015,
OR
Find another employer and if it goes well you could be in US as soon as August 2014.

This is my opinion not legal advice.