H1B Visa Stamped - Valid Till July 2021 But Not Travelled Yet - Resign

[ThishanthRamBalaji]

Hi Expert,

I am in India and have fresh H1B approved petition, Visa also stamped on my passport and It is valid till July 2021. Due to Pandemic, my travel to USA has been suspended last minute. I never travelled to USA. Now, I find no assignment/project in near future. I plan to resign from current employer and switch over to new employer. Kindly clarify the following:

1) Will the current employer revoke the approved petition, If I resign and join to new employer? Is it mandatory process for current employer to inform USCIS to revoke the approved petition?
2) Can't the approved petition be transferred from current employer to new employer legally who is willing to sponsor? Or New employer have to file new petition right from the beginning and will go to lottery system again?

Kindly suggest.

Thanks.

[rkk09]

Hi,
1) Will the current employer revoke the approved petition, If I resign and join to new employer? Is it mandatory process for current employer to inform USCIS to revoke the approved petition?
Answer: Yes. If you resign from your current Employer and transfer H1B to new Employer, your previous Employer must withdraw the approved H1B petition.
2) Can't the approved petition be transferred from current employer to new employer legally who is willing to sponsor? Or New employer have to file new petition?
Answer: Yes. New Employer should file new I-129 petition in order to sponsor H1B to you.
Thanks