View Full Version : H1b Re-Instantiation

05-20-2011, 02:10 PM
I came to US in 2009 March (on H4 Visa) ,
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

Now I am on H4 till date.

I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company Bís Legal Team, they canít get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

Please help me in this issue. I will really appreciate your help.

Any document/ link which shares light to similar issue is really helpful for me.

06-12-2011, 09:10 AM
May be this will help you understand the process. Reverting to H1B Status - MurthyDotCom : Reverting to H1B Status: Pros and Cons (http://www.murthy.com/news/n_revert.html) .