Applying for H1 while in G4

Venkat0710

New Member
Dear Rajiv
My first stay in US was from 8-19-2004 to 2-26-2010 on H1B visa. My visa was valid until 8-19-2010. My labor petition had also been approved, but 140 was never filed. I left for India in Feb-2010, and stayed there for 3 years, and returned to US in Sep-2013 on G4 visa and have been in that status since then. My G4 is expected to continue until Mar-2016.

I'd like to obtain a H1 visa as Plan-B. 1) Is it possible to revive my old H1B (i.e not via lottery), or would this have to be a new petition under the lottery scheme? 2) If lottery application is approved, do I have the option to activate it at any time during the USCIS fiscal (Oct-Sep) or would I be forced to move to H1B effective October-1?

Looking forward to your response
 
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