H-1B Petition Validity after Revoke

[gemini2608 0]

Hi,

I have a question pertaining to the feasibility of using approved H-1B petition after it is revoked by the employer and rejection of H-1B transfer.

Background:
I came to the US on H4 visa in May 2012 and applied for COS to H-1B through company ABC in April 2013 and it was approved in Dec 2013. H-1B petition was valid until September 2014. I changed my employer and applied for H-1B transfer to company XYZ in February 2014 and has been working on receipt notice through employer XYZ. USCIS issued an RFE on my H-1B transfer and employer XYZ responded to the RFE recently. Employer ABC revoked my H-1B visa in March 2014.

Question:
If the H-1B transfer to employer XYZ is not approved, I plan to change my status to H4 visa. In such a scenario, what happens to my H-1B petition? While on H4, if I find an employer willing to sponsor H-1B before or after H-1B approval expiry date (i.e. Sep 2014), will my earlier H-1B petition be of any use? That is, can I change status from H4 to H-1B without going through the lottery process in April?

Appreciate your response. Thanks.

[Boiler 43,508]

You have to be in status to change status.