H1B transfer post petition revocation

[Joan@]

Expert opinion solicited!

My H1b was initially filed in 2004 and I traveled twice to the US on 2 separate assignments for 7 months and 4 months, total stay 11 months approximately.
(2nd leg) petition was valid till Oct 2009.
My current employer has withdrawn the petition after my resignation.

My question is:
Is it possible to transfer the H1b visa after the petition is withdrawn ?
Since I have utilized only 11 months out of the total 6 years available, am I still cap exempt?
Till when will I be cap exempt in case I wish to transfer my H1 to a new employer?

[Nattybone]

Expert opinion solicited!

My H1b was initially filed in 2004 and I traveled twice to the US on 2 separate assignments for 7 months and 4 months, total stay 11 months approximately.
(2nd leg) petition was valid till Oct 2009.
My current employer has withdrawn the petition after my resignation.

My question is:
Is it possible to transfer the H1b visa after the petition is withdrawn ?
Since I have utilized only 11 months out of the total 6 years available, am I still cap exempt?
Till when will I be cap exempt in case I wish to transfer my H1 to a new employer?

Hello, Joan@.

Here is my attempt at answering your queries.

Is it possible to transfer the H1b visa after the petition is withdrawn ? - Yes. As long as the visa is not fully utilized, you can transfer it to another employer.
Since I have utilized only 11 months out of the total 6 years available, am I still cap exempt? Yes. You are cap exempt. Your last petition was valid till 2009. Generally, to revive an old H1B, the requirement is that one should have maintained H1B status for some time in the last 6 years. As your visa was valid till 2009 October, i feel you will be able to recapture your H1B.

I hope this helps.

Wishing you luck.

Cheers,