H1B validity if visa not utilized

Hi Saurabh,

My husband got H1B visa thru his company 4 months back but since the long-awaited onsite opportunity did not materialize, he has resigned from the company. So he has never utilized his H1B till date, which is valid till 2016. Currently he is serving the notice period in India.

  1. After his release from the current company, what will happen to his H1B. Will it still be valid till 2016?

  2. What if the new empoyer doesn’t get the H1B transferred. Will the visa lapse after some time?

  3. Once he leaves organization, can the present company get it revoked?

Many Thanks in advance.


  1. Once he leaves this employer, that petition is of no use to him. If another employer wants to hire him and file H-1 petition, then they can do so. They can file a cap-exempt petition (not subject to cap/lottery) and give a copy of old approved petition as reference. USCIS will review it and approve it for a certain term. That petition will then govern when he can enter US and how long he can stay/work in US.

  2. The cap-exempt petition can be filed within 6 years of original H-1 start date.

  3. They can withdraw their own petition. However, (1) and (2) still stand true in such a scenario