H1B Visa Stamped - But Not Travelled to US, Revoke ? Lottery again?

USA H1B Visa
1

Hi Expert,

I am in India and have fresh H1B approved petition, Visa also stamped on my passport and It is valid till July 2021. Due to Pandemic, my travel to USA has been suspended last minute. I never travelled to USA. Now, I find no assignment/project in near future. I plan to resign from current employer and switch over to new employer. Kindly clarify the following:

  1. Will the current employer revoke the approved petition, If I resign and join to new employer? Is it mandatory process for current employer to inform USCIS to revoke the approved petition?
  2. Can’t the approved petition be transferred from current employer to new employer legally who is willing to sponsor? Or New employer have to file new petition right from the beginning and will go to lottery system again?

Kindly suggest.

Thanks.

2
  1. They can withdraw for sure. No, they do not have to…
  2. There is nothing called a transfer, your new employer would apply a new h1B based on the old approval and stamping.

Your situation is slightly grey area as you never traveled to USA. But, you had H1B stamping done, so you technically had H1B status at least once, so you are very likely going to be cap exempt and do not have to go through lottery.

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3

Thank you so much for your information. I have one more clarification on the below comments. “your new employer would apply a new h1B based on the old approval and stamping.”

The petition/Stamping on my passport is valid till July 2021. Does this mean that new employer would have to apply a new H1B petition (Cap exempt) within this valid period (July 2021) or even after the validity? Any expired/limited days using old approval petition?

Kindly let me know. Thanks.

4

They can apply even after that time. No restriction as such.

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5

It is really helpful information. Thanks a lot. It makes sense. :slightly_smiling_face:

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6

I am in India and have fresh H1B approved petition through my current employer ‘E1’, Visa also stamped on my passport and It is valid till July 2021 for the location ‘L1’ and client ‘C1’. Due to Pandemic, my travel to USA has been suspended last minute. I never travelled to USA. My current employer finds the suitable requirement in the same location ‘L1’ but for the different client ‘C2’. Is it required to apply the LCA amendment before travel to USA? or can it be done after travel to USA? Kindly suggest.