Revival of revoked H1B petition and their processing timelines

USA H1B Visa
1

Hi,

I being in India with company A, had my H1B petition applied in 2012, got approval in Nov-12 and didn’t went to stamping till date. Due to some miscommunication, Company A revoked my petition in May-12, without any intimation to me. I am still in India with Company A.

My questions:

  1. Is it possible to revive the revoked H1B petition by company A or through company B?

  2. What is the process and how much time does it takes?

  3. Can i change my destination place while reviving or file for change of location once stamped?

Anand

2

  1. Yes. They will have to file a cap-exempt petition using the old approved petition as reference. Basically a brand new petition which is not subject to cap

  2. Refer (1). Processing time is 2-4 months under regular processing and 15 calendar days under PP (RFE time not included)

  3. Yes. As it is a new petition, they will have to file LCA for any location followed by I-129. The only difference is that it doesn’t need to go through cap and not subject to April filing and October start date

3

Thanks Saurabh