Reopening a Cancelled H1B?

[ram72272]

Hi,I am new to this forum, please help me.
I got H1b visa stamped by Company A on Jan 2008(valid from 01/01/2008 to 09/01/2010) and entered USA on March 2008,worked until Nov 2008.

Due to bad market and IT recession, I had to switch to L2(My wife is here on L1b working as Software engineer for a different company).
When I got L2 stamped(March 2009),my H1b visa got cancelled with a note 'cancelled without prejudice' and I started working for Company B on EAD(from L2) as a contract employee from July 2009.

Now,my manager at Company B is offering me permanent position and also wants to reopen my cancelled H1b which is going to expire next month,1st Sept 2010.
Due to non-availability of some higer management personnel,this approval process is getting delayed.

So I want to know,after all,
1.Is this is possible to reopen cancelled H1b?
2.Also is this possible to reopen cancelled H1b even after expiration date?

thanks,ram.

 

[Concerned4us]

You may be a permanent employee on L2.

The company simply must file a new petition not under cap. You will need new stamping when you leave the US in order to return. CWOP is not an issue; you will need proper documentation from your current employer for another stamping.

I suspect that your visa was cancelled so that you were only able to apply for entry based on your wife's employment. Some unethical individuals have entered on H1B stamping when they do not have an employer with the intent to do a "transfer" once they find an employer; this might be faster than entering on L2 and waiting on EAD. Thus the VO was being cautious.