Is an appeal a better option than reactivation?

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Is an appeal a better option than reactivation?

I filed my H1 with Company A and got it approved, however, the project was then cancelled so I couldn’t join. Thus, they withdrew the H1. Later I filed an H1 with a Company B but it got denied. Not the Company A agreed to reactivate my H1 for the project at Company B. Can we reactivate it after 3 months?

Asked on October 14, 2013 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

They can refile a new H-1B visa petition on your behalf if they have previously revoked it/withdrew it with USCIS.  It cannot just be reactivated.  It needs to be refiled and all the filing fees paid again.  HOwever, if it was previously approved, it should have a good chance of being approved again.


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