H1B transfer on withdrawal petition

USA H1B Visa
1

I appreciate your help.

I have i140 approved and have h1b petition and h1b visa stamped on my passport from company A.

I spent 6 years on H1B with Company A.
I am in India now.

Below are my questions.

  1. If I leave Company A without transferring existing H1B, Can Company A withdraw my H1B petition?

  2. if Company A withdraw my H1B petition, and if I join Company B. Can I file H1B on withdrawn H1B petition on cap exempt?

I am still in Company A, what are my best options?

Thanks.

2

Employer is bound legally to withdraw the H1B petition once the employee leaves however this applies when the employee is in the US and employed on H1b. Once you are outside of the US you are no more in H1B status.

The new employer will file a new cap-exempt H1B petition based on your approved I-140.