H1 Transfer (approved petition) - Cap Exempt - No stamping

USA H1B Visa
1

Hi, My H1b petition got approved (consular petition and currently in India), but i didn’t go for the visa stamping yet. I recently got a new job offer in India and i am planning to take it. Once i resign from current job, my current employer will file a request to USCIS to withdraw the approved H1 petition.

Need help from experts here to know the following:
Q. In future if my new employer files for an H1B will it again go through the lottery or can it be transferred while i am in India? Please note that only my petition is approved and i am yet to go for stamping.

Thanks

2

Yes, you would very likely go through lottery because you never got H1B status. If you get H1B Stamping, then you may be eligible for H1B transfer in future as you got H1B status. Even better is, if you go to US and work on H1B for a short amount of time and then return, then you will be considered as counted towards cap and will be cap exempt …