H1B Visa Stamped - Revoked - Transfer

Hi,

I have received my H1 B Visa petition on 09-Oct-2013. The validity of the Petition was until 04-Sep-2016. For Personal reasons I have to switch over from Employer A to Employer B. The petition was revoked on 05-Nov-2015. Validity on the Visa Stamping in the passport was until 04-Sep-2016. I have not travelled to US with this petition at least once.

I have the following questions for the above case.

  1. Am I still eligible for H1 B CAP Exempt?

  2. If I am eligible for CAP Exempt, how the Employer B would proceed with the Receipt # for transfer?

  3. Is this transfer process merged along with the lottery system?

  4. If it is a separate process from the lottery system, usually how long it would take for completing the conversion process by Employer B?

  5. If all the above questions meets the eligibility, a re-stamping is required with Employer B info in the Passport?

Appreciate your answers.

Thanks

  1. Yes

  2. They can file cap-exempt petition using copy of A’s approval notice.

  3. Transfer petitions are outside of lottery

  4. 4-6 months under regular processing, and PP option is also available

  5. Visa stamp already expired in Sep 2016. So a new stamping is required