My H4 to H1 petition was filed on May 07, 2012 and it was approved on October 15th 2012. However, due to some family reasons i had to move out of US. On February 2013, my employer withdrew the petition. Employer got the notice from USCIS of my petition's revocation. Is there a possibility to re-instate the same petition for 2015 slots? Will i be cap exempted? My then employer has now sold out the business, can the petition be re-instated by new owners/employers? Take a note i was told my petition was approved till 2016. Please help and advise.
Your previous H-1B status can be restored as soon as a new, willing and able employer will be willing to petition you for a new H-1B petition and that one is approved.
You will be "cap exempt" and will also be able to "recapture" the time you spent outside the USA since after first having granted H-1B status.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Your H1b can be restored. However, you need a new employer to petition for you and you will be cap exempt as well. You may recaptured the time you were moved over seas.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,nor should it be viewed as establishing an attorney client relationship of any kind.
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