Reactivating old H1 Petition

[srithik07]

Hi,
Currently i am in L1 in USA.

* My Wife is in L2 with EAD Authorisation, she had earlier H1 petition which has expired with Employer A
* The H1 Petition Expired 04/15/2008
* She worked on the above H1 for about 11 Months and Left US by Sep 2007
* She is back in US now in L2
* Her overall H1 Tenure in US is only 11 Months
* Is it possible to activate the H1 and Transfer it to another Employer B? If yes What are the steps i need to follow and also when i should do the same? (Any Dead line)



Thanks in Advance

Siva

[kabkaba]

New employer should file a new cap exempt petition, no deadline. She can start working with the new employer after getting petition approval along with change of status approval (new I-94) showing H1 status. H1 employer needs to pay her all the time she is in H1 status.

[srithik07]

Thanks

Thanks for the response.

[Trobin]

Similar Question - Slightly Different

Thank you very much for replying to the previous thread. My question is slightly different and I was wondering if you would not mind trying to help me with it.

I was employed on H1B for 1 year 2004-2004. (I am European passport holder)
I then went to grad school in the US 2005-2007.
The H1B was cancelled without prejudice CWOP and I went onto an F visa for school.
Upon graduation I applied for the OPT with the intent to move onto a H1B after the year was up.
Instead I got a job outside of America and worked there for almost 2 years.
I am back now. Can I get back on the H1B i had before (2 years remaining) and get a job here?

Apologies for the long question and many thanks in advance.

[kabkaba]

You will still probably qualify for a new cap exempt petition, you need to consult a lawyer for this.
What was canceled was your visa not the petition, so don't worry about that.

[txh1b]

Look for the "remainder" word in the FAQS and on the forum.

You can use the remainder of the time left from your old H1b.