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  1. #1

    Default Reopening a closed H1B

    My wife had a valid H1b from 2008 Oct to 2009 Dec. But as she lost her job in 2009, her employer decided to cancel the H1b and she switched back to H4b. Is it possible to reopen the closed H1b now. Experts please advise.

  2. #2
    Join Date
    Oct 2008
    Posts
    5,902

    Default

    Any employer can file a cap-exempt petition for her requesting immediate start date at any time until 2014. She is entitled to a total of 6 years minus any time spent in the US in H1 status. After petition is approved with change of status she can (and must) start working.
    This is my opinion and not legal advice.

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