Chances with H1B unstamped and revoked

[kusal86]

Hello, I am currently in India and never traveled to USA. My H1B petition was approved in 2020 (after selected in lottery), and I got Approval Notice I797B from my Company A. I never went for stamping, resigned from Company A (for some reasons) and will be joining Company B (both companies in India). Previous employer (Company A) clearly told that H1B petition will be revoked by them if I resign. What are the chances that Company B can file a new H1B petition under non-cap category? Should I even make any effort to convince them for non-cap filing or transfer?

[rkk09]

Hi,
You can transfer H1B to any other US Employer who ready to sponsor and have Job offer.. Even H1B transfer can be happened when you be in India..
Thanks

[kusal86]

Hi,
You can transfer H1B to any other US Employer who ready to sponsor and have Job offer.. Even H1B transfer can be happened when you be in India..
Thanks

Thanks rkk09. Is it possible even after previous employer informed USCIS and revoked the petition ?

[rkk09]

Hi,
Yes.. They can do..
Thanks

[Krishna_221g]

Hello Kusal86,

I am in kind of similar situation. Were you able to transfer your H1 to the new employer? Were you considered as cap exempt? Could you please give an update on your case.
Thanks

[kusal86]

Hello Kusal86,

I am in kind of similar situation. Were you able to transfer your H1 to the new employer? Were you considered as cap exempt? Could you please give an update on your case.
Thanks

I am currently serving notice period, and my old employer will revoke the petition. New employer which I am going to join has not taken any interest in transfer or applying for new petition (so that I can save the H1B). I heard that as long as petition is not revoked there is a good chance of transfer or getting a new I797, but unfortunately that will not be the case for me.