Revoking Cancelled H1B.

[vs83]

I have a case, can anyone suggest a solution?

Mrs. X is working with company A and gets a H1B visa stamping in September 2008 CAP. Later Mrs. X quits company A and company A cancels the H1B, there is a stamp "Cancelled with Prejudice" on the visa. Now Mrs. X joins her husband in L2 visa and comes to USA. My questions are:

1. Can Mrs. X, if another company B offers a job revoke the cancelled H1B?
2. H1B is expiring on March 2010. If company B sponsors for H1B, can the same be revoked after April 2010, remember Mrs. X never travelled to USA using that H1.

Kindly reply!!!!

[shervin143]

Visa is just an entry document to U.S. You cannot revoke an cancelled Visa or a petition. Company B can file a new CAP excempt H1B petition on your behalf and when that gets approved, you can work for company B. If you leave the country, then you need to get the H1B stamped again (Since you don't have a valid H1B stamped in your passport any more) to re-enter in H1B status.

[kabkaba]

Revoke = Withdraw or cancel. You probably mean renew or re-apply when you say revoke.

Btw why is it canceled with prejudice? It should be without.

Any company can file her H1 petition anytime using the previous petition receipt number. Once approved with change of status, she can start working.

[vs83]

Yes you are correct, I was mentioning about using the cancelled H1b and the stamping was without prejudice...

[vs83]

I am in L1 now and a new employer is willing to offer me a job in H1 and I have a H1 for 2008 CAP which I have not used. I understand I can transfer my H1 to new employer and upon COS I can start working. I am in a situation that I have to go to India.
When is it better to got to India i.e, after COS or when COS is in progress. Also I cannot quit my current employer until my COS is done. When I go to India I have to take a H1 stamping but I still would be working for the L1 employer. Kindly advice me what I should do? I guess its a complicated scenario, suggestion needed plz...

[sk4ih]

If you're going to India, better get visa and enter on H1 to work for new employer. Until then you can be on L1; no need to do COS.

[shervin143]

If you go for H1B stamping, then your L1 will get cancelled (In most cases). So unless you want to enter U.S in H1b status, don't go for H1B stamping.

When I go to India I have to take a H1 stamping but I still would be working for the L1 employer. Kindly advice me what I should do? I guess its a complicated scenario, suggestion needed plz...