H1B TRANSFER WITH CURRENT H1B REVOKED/ H1B WITHDRAW

Hello,

I have few queries regarding H1B visa transfer.

I have done so many analysis regarding H1B transfer and came to know any Employer can file for H1B visa transfer i.e new petition but it will be CAP exempt, if you have already valid approved H1B VISA.

I have one query. what is the difference between H1B revoked or H1B withdraw?

I had a discussion with my new employer, they said they can not transfer H1B Visa, if it is revoked by your current employer.

and when i confirm with my current employer, they are like we will withdraw H1B petition and your new employer can file for new H1B petition but it will be cap exempt.

Kindly suggest me the difference in above mentioned points.

They are talking about the same thing.

IMO, if USCIS revokes/withdraws the petition based on discovery of fraud, misinformation etc, then you cannot file for cap-exempt petition. But if this is done based on employer request, then you are still eligible for cap-exempt petition.

If the new employer is having concerns, then why don’t they get it transferred first and then the old employer files withdrawal request.

Hi Saurabh,
I have the similar situation . Petition approved 2017, appeared VISA feb 2018,returned with 221g white slip. After an year feb 2019 revoke notice has been sent . No discovery of fraudulent or missing information from me nor employer . Upon checking with employer based on revoke notice reason was since beneficiary have not yet arrived . Means with out me for 1 year his business did not impact no job requirement, so he asked to revoke the petition. My understanding here USCIS itself asking employer to with draw or revoke with silly reason. Employer says,since no document asked he has no reason to appeal. In case if he appeal he will have additional scrutiny Hence he says he can not challenge . He recommends to approach through employer B and do transfer which will be cap exempt. My question here is am I eligible for cap exempt after revoke? This is my first H1B and I am still in India? whatever employer says is correct? and petition is yet have couple months to completely revoke. Is it a end of road for my h1b?