Renew cancelled H1B - Possible?

[harpreethwalia]

Hi All,
I used to work in US on H1-B and then moved to Canada. My I140 was approved with PD of Sep 2012. I am a Canadian Citizen now.

When I moved to Canada, my H1-B visa was cancelled by US Embassy (Since I wanted to apply for Visitor US visa). I still had close to 2 yrs of H1-B left before it was cancelled.

My question, I might be joining a US employer and they are willing to file my H1-B. But i am not sure if they will be able to transfer/resume my existing (cancelled) H1-B/Green Card or do they need to re-apply me via lottery?

Any feedback will be appreciated.

TIA

 

[rohit.joshi]

I would recommend to consult an attorney. But AFAIK since your PD can become current in couple of years, the new employer should start your i140 process. You will be able to retain the PD of 2012. You also don't need H1 to work for a US employer as you can work on TN visa since you are a Canadian Citizen.