H1b never used, want to reactivate it

[teridan]

Hello,

I figured I'd post my situation here hoping someone could help me knowing my situation better.

On April 2013, while I was working in the USA with a F1 OPT visa, Employer A filed my H1b application. On May 16 2013, I received a form I-797A saying that my H1B was approved.

However, things changed and I needed to leave the USA to go back to Europe. So, on August 2013, I had to leave the USA and I relocated to Europe, hence my H1b was never stamped. Now, a year later, I can go back to the USA and Employer B wants to sponsor me for a H1b.

I checked on the USCIS website and it states that: "On November 26, 2013, the previous decision made on your case was revoked".

My question is: would employer B be able to sponsor my H1b now (and so getting it approved in say 5 weeks) or do I have to wait until April again, and be subject to the cap?

Hope this was clear,

Thank you

[Nattybone]

Hello, Teridan.

You should be able to file a petition to revive your old H1B. You need to find a sponsor and have a petition filed. If you file a priority processing petition, you could get the approval in about the amount of time you mentioned (5-6 weeks) and then the visa interview for stamping. Also, you could start working immediately and need not wait till next year - you ARE cap-exempt. This is my understanding.

Personal opinion.

Wishing you luck.

Cheers,

Hello,

I figured I'd post my situation here hoping someone could help me knowing my situation better.

On April 2013, while I was working in the USA with a F1 OPT visa, Employer A filed my H1b application. On May 16 2013, I received a form I-797A saying that my H1B was approved.

However, things changed and I needed to leave the USA to go back to Europe. So, on August 2013, I had to leave the USA and I relocated to Europe, hence my H1b was never stamped. Now, a year later, I can go back to the USA and Employer B wants to sponsor me for a H1b.

I checked on the USCIS website and it states that: "On November 26, 2013, the previous decision made on your case was revoked".

My question is: would employer B be able to sponsor my H1b now (and so getting it approved in say 5 weeks) or do I have to wait until April again, and be subject to the cap?

Hope this was clear,

Thank you

[teridan]

Hello, Teridan.

You should be able to file a petition to revive your old H1B. You need to find a sponsor and have a petition filed. If you file a priority processing petition, you could get the approval in about the amount of time you mentioned (5-6 weeks) and then the visa interview for stamping. Also, you could start working immediately and need not wait till next year - you ARE cap-exempt. This is my understanding.

Personal opinion.

Wishing you luck.

Cheers,

Hi Nattybone,

thank you for your answer. While looking online for similar situations, I stumbled across this excerpt of the AC21:

INA 214(g)(7)

(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

That looks like that my application, since I would be eligible for a full 6 years, would be non cap-exempt. Am I interpreting correctly the law? Has anybody gone through something similar?

Thank you!