H1B Cancellation & transferring

[Sathishssystematic]

Hi Team,

Please help me by clarifying the below questions:
1) Is H1B visa / petition can be cancelled after stamping by the current employer
2) Even if got cancelled, can my new employer transfer or apply for new petition using the existing petition without cap exemption (using the existing quota)

Thank You!
Sathish

[raghvi]

Hi Team,

Please help me by clarifying the below questions:
1) Is H1B visa / petition can be cancelled after stamping by the current employer
2) Even if got cancelled, can my new employer transfer or apply for new petition using the existing petition without cap exemption (using the existing quota)

Thank You!
Sathish

1. Visa can only be cancelled by the consulate or a Immigration officer. Petition is cancelled by USCIS either on their own or upon request by the employer.
2. Yes, for fresh H1, as long as its done after 01-Oct-2016. If done prior to that you would not be considered cap exempt.

This is my opinion not legal advice.