H1b never activated change to another employer

[nibala0909]

I came to US on a L1B VISA through my employer in March 2012. Ever since I came to US I have been with the same employer till date. I got a H1B processed through another employer during April 2014. The H1B was picked up in lottery and I got it approved in Dec 2014. At the time of H1B approval I was outside US (was in India) and came back to US again in Feb 2015 on a L1B VISA through my current employer and I have been continuing on my L1 VISA till date. I never utilized or activated the approved H1 anytime till date.

Recently, I came to know that the petioning company who did my H1 suddenly ran out of business due to some legal issues. I would like to know the way forward for my H1. Is it possible to transfer my H1 or apply for a new H1 under out of CAP.
I could see in USCIS case status that it shows correspondence was received. Looks like my previous employer has sent withdrawl notice.

Any chance to apply for COS as I'm currently in US on L1. I only have my reciept notice from my previous employer.

[nibala0909]

Could some experts respond to my query

[raghvi]

I came to US on a L1B VISA through my employer in March 2012. Ever since I came to US I have been with the same employer till date. I got a H1B processed through another employer during April 2014. The H1B was picked up in lottery and I got it approved in Dec 2014. At the time of H1B approval I was outside US (was in India) and came back to US again in Feb 2015 on a L1B VISA through my current employer and I have been continuing on my L1 VISA till date. I never utilized or activated the approved H1 anytime till date.

Recently, I came to know that the petioning company who did my H1 suddenly ran out of business due to some legal issues. I would like to know the way forward for my H1. Is it possible to transfer my H1 or apply for a new H1 under out of CAP.
I could see in USCIS case status that it shows correspondence was received. Looks like my previous employer has sent withdrawl notice.

Any chance to apply for COS as I'm currently in US on L1. I only have my reciept notice from my previous employer.

Difficult but possible as long as revocation did not happen before the activation.Unfortunately no straightforward way of finding that out.

This is my opinion not legal advice.

[nibala0909]

Difficult but possible as long as revocation did not happen before the activation.Unfortunately no straightforward way of finding that out.

This is my opinion not legal advice.

Thanks raghvi, does it mean it can be eligible for cap exemption even though h1b is withdrawn.does h1 should have been activated?