H1b Transfer possibility after withdrawal from USCIS

Dear Saurabh,

We processed one H1b in last yr cap, and it was succefully approved for 3 years by USCIS and stamped at US embassy, New Delhi. but the beneficiary refused to travel to US and resigned from our company. My Qs are:

  1. If we withdraw this H1B petition from USCIS, can the same petition be used/tranfered by his new employer?

  2. if your answer is yes of Q1#, is there any way to restricit his new employer to not transfer this H1B petition?



  1. Yes, even after you withdraw the petition, the candidate can still go for H-1 transfer. The other employer will have to file their own petition and submit a reference to your petition to show that the beneficiary has been cap-approved in the past. USCIS will then process the petition as cap-exempt (which is loosely referred as H-1 transfer).

  2. It is not possible to stop another employer from filing a cap-exempt petition for that beneficiary. They can do that as long as they have a copy of the approved petition or know at least the receipt number.