H1B Withdrawn after October 1st, No stamping

[h1b_select]

Hi All,

I have a question with H1B. I have H1B approved in 2015 quota with employer A. I have never traveled to USA with H1B visa. I am currently in India and visa stamping has not been done yet.

Questions are as below:

1. If I change my employer in India and employer A withdraws my H1B petition, can another employer B file cap-exempt petition for me even without stamping done? (In other words if my VISA is revoked by employer A, can employer B file cap-exempt petition ?)
2. Would there be a problem while doing visa stamping in India with employer B?

I scoured different forums and all I got was conflicting answers. Some says YES some says NO.

Can anyone give definitive answers on this? I hope to get clarity from veterans like you guys.

Peace!!!

[SKDS160]

As you said, there is no clarity around this. I recently saw some cases which were approved and some which were denied with a RFE. I think it completely depends on the adjudicator of your petition. They may issue a RFE or deny the cap exempt petition saying beneficiary never joined the original H1B petitioner and that employment never existed. With that said, Beneficiary is not considered to be "counted" in a H1B quota.