Using Old H1, Please suggest

[h1approved]

Hello All,
Please can you suggest on below situation.
I have a H1b approved from 2009 to 2012, I never joined the employer and I was on H4 VISA. My H1b was COS in 2009 and we went to India to avoid COS before Oct-1st.
Now I am getting a job in my city, I have below question.

>> can I use same H1b to join this position through my previous position( This is contract position).
>> is there any doc I need to file to USCIS?
>> Is there any possibility that my H1 was revoked, since I did not use it?

Please suggest on above.

thanks much for your time to read this.

[shervin143]

Can I use same H1B to join this position through my previous position( This is contract position).
>>> Are you going to work for the same employer. If yes, then if the petition hasn't been revoked, then you have the option of going out of the country and returning back on a valid H1B visa.

If you don't want to leave the country, then the employer (same employer or a new one) need to file a new H1B petition using the CAP number from the previous H1B approval notice (give the new employer a copy of the previous H1B approval notice) and when approved, you can start working.

Is there any doc I need to file to USCIS?
>>> The employer will need to file form I-129. You don't need to do anything.

Is there any possibility that my H1 was revoked, since I did not use it?
>>> Only the employer who filed the petition will be able to answer this question.

[h1approved]

Well, I called employer today and he mentioned below::-

he will file COS from H4 to H1b and it will take 2 weeks.
I am not sure, if he is lying or what? Please guide.

as per my understanding H1b VISA needs to be stamped in passport right?

[shervin143]

Visa is just an entry document to U.S. If you are already inside U.S, then you don't need the visa. A COS from H4 to H1B will come with a new I-94 which will allow you to work. If the H1B gets approved for consular process (approval without a new I-94), then you have to go out of the country, get the visa stamped and return back in H1B visa. You cannot start working until the COS gets approved. Unless your employer is filing the H1B petition in premium process, then COS will not get approved for another 2-3 months.

Well, I called employer today and he mentioned below::-

he will file COS from H4 to H1b and it will take 2 weeks.
I am not sure, if he is lying or what? Please guide.

as per my understanding H1b VISA needs to be stamped in passport right?