Can H1B approved petetion be cancelled by the sponser ?

[akhil_agarwal1]

Hi,
I had a H1B petetion approved (during the year Oct 2009) thru my ex employer 'A'. I didnt get a chance to use that petetion (and never traveled to US).
Last year (i.e. July 2010) i moved onto a new employer 'B'. Now my new employer plans to get the petetion transfered.
When i approach my previous employer for the approval notice (in order to facilitate the transfer process), they say that the petetion was cancelled by them as i had moved onto another employer.

So just wanted to verify if its actually feasible for a employer to cancel the sponsered H1B petetion (or is my ex employer 'A' just bluffing).

Thanks.

[kabkaba]

It is certainly possible for the employer to withdraw the petition.
However, you have been counted against the cap once and you don't need to go through it again irrespective of whether the petition was withdrawn or not. You will need at minimum the receipt number for that petition to prove that you were cap-counted.

[akhil_agarwal1]

"However, you have been counted against the cap once and you don't need to go through it again irrespective of whether the petition was withdrawn or not" -- So does that mean that even when the current cap for 2011 is finished/complete i will still be able to apply for a H1B (thru my new sponser)?

Also, i dont have the reciept number nor the approval notice. My ex employer is also not providing the information now.
Is there a way by which i can get the information (may be from the US consulate).

[shervin143]

"However, you have been counted against the cap once and you don't need to go through it again irrespective of whether the petition was withdrawn or not" -- So does that mean that even when the current cap for 2011 is finished/complete i will still be able to apply for a H1B (thru my new sponser)?
>>> Yes. provided you have the receipt number.

Also, i dont have the reciept number nor the approval notice. My ex employer is also not providing the information now.
Is there a way by which i can get the information (may be from the US consulate).
>>> Getting it from the emplolyer is the only way. Otherwiseyou have to file it through a new CAP. The quota should remain open for that.