Could I transfer my H1B or re-apply for the new H1B ?

Hi, I have a question if I could transfer my H1B that was approved in May

My H1B petition was approved in May, which starts on Oct.1st, and I was working for the sponsor company with my F1 OPT Cap-Gap.

However, I was laid off early of this June and the former employer (my H1B sponsor) told me that they will report my unemployment status to USCIS in 30 days. I tried to find a new sponsor but it didn’t go well and the 30days almost have passed.

I’d like to know if I could find a new sponsor now or later after the 30days from my layoff date, could I transfer my H1B that was approved in May to the new sponsor? Otherwise, is it possible for the new sponsor apply for the new H1B this year even though the cap has reached already?


Yes you can ma da…

You are considered cap-exempt even after the petition has been withdrawn. If possible, keep a copy of that approved petition w/ yourself.