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Immigration Issues/Reactivation of old H1B (2008 quota)

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Question
Hi,

I got my H1B approved in 2008 and initially came to US on H1B in Nov 2008. However, the funding for my project got cancelled due to recession and I first got my visa status changed to F2 (my husband was working on F1 OPT at that time) in May 2009 and later I got my H4 stamped in Oct-09 (leading to my H1B being cancelled without prejudice). I want to know if I can reactivate my old H1B now or would need to go through the lottery process again?

Answer
Hi,

The H1B employer (whether this is the old H1B employer or a new employer makes no difference) will file an H1B petition for you with the USCIS requesting change of status from H4 to H1B. Upon approval, you will be granted change of status to H1B. You will not be subject to the visa cap as you earlier had H1B status within the past six years.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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