H1B transfer before flying and its consequences

My H1B visa got stamped last month, but I’ll be flying to US only after May.

Now I’ve got an offer from another company.
And as I’ve been going through the forums, i’ve found out that my new employer will have to file for cap-exempt petition.

My queries/doubts.

  1. Correct me if i’m wrong, i think i’ll have to go through everything again (DS160, interviews, etc…)

  2. Does my current employer has the right to ask for the current petition or can they get my visa cancelled if they know I’m leaving them.

  1. Not required as long as the current visa stamp is valid. The new employer will have to file a cap-exempt petition and once approved you can travel using new petition and old visa stamp.

  2. Yes, they can withdraw the petition by contacting USCIS. They don’t need physical copy of your petition in order to do so. They can also contact consulate to cancel your visa stamp. They will NEED your passport in order to do so. If petition is withdrawn, you can still go cap-exempt route. If visa stamp is canceled, then you need to go for another visa stamping (DS-160, interview etc) once the new petition is approved.

Thanx a ton saurabh.
From your answer I’m assuming that if my current employer withdraws/cancels the petition (not the visa stamp), I can have my new employer file for a new cap exempt petition in 3 years time (visa validity). Please correct me if I’m wrong.

It can be done even after 3 years. You are eligible for cap-exempt petition for 6 years from your approval date. Its best to have a copy of the approval notice for the future cap-exempt petition.