H1B petition revoked after approval

USA H1B Visa
1

Background of my case :

I worked in US with L1 Visa from Aug 2015 to July 2017 (2 years), My company has applied for H1B visa in 2017 and got approved ,

But due to project requirement i have to travel back (to same company) to India on July 2017 without getting hard copy of

my H1B petition (received only soft copies of H1 and H4 approved petitions)

Immediately after i join in India ,My company updated me that they will cancel/revoke my H1B petition due to project issues

and they didn’t send me hard copy of the approved petition due to this i haven’t got my VISA stamped, Currently am working with

same company in India.

When i check the online status of my petition , it is showing “Revocation Notice Was Sent”

My questions are :

Can i transfer H1B approved petition to different employer in US even after the petition revoked by my current employer?

Am i eligible for CAP exempt as am part of CAP count in 2017 quota ?

what are the possible ways i have for working in US ?

2

Hi,
Sorry to hear that your H1-B is currently under revocation process. I am not a legal person, but based on my experience with H1-B system (From past 15 years), you may not approved if you try to transfer the H1-B to different employer because as per the new rules USCIS started adjudication process which will consider all your previous H1-B history before they are going to process your application (Let’s say if someone’s H1-B is under RFE stage from employer A and if they try to transfer the H1-B to employer B then USCIS will ask the person to provide the proper explanation for RFE issued with employer A). In that aspect USCIS will consider the revocation process first and there is a chance that they will deny your transfer process based on that reason.

If your H1-B get denied then you can able to transfer/extend after some cooling period, but revocation is firm and it will close the H1-B record permanently, so you may not able to refer the same record for any future process. If there is no valid H1-B record then your CAP Exempt question is not at all valid.

Thanks