I am on L2EAD working with employer A. Employer A applied for a H1B COS in April2013 and it got approved. My project with employer A came to an end.
I have found another employer B(full time) and he is not willing to take my H1B transfered to his company insted he wants me to work on L2 EAD(EAD valid till Dec 2014) , Emp B is asking me to inform the employer A to withdraw my H1B visa and later when required he will take the transfer of my H1B.
I am confused with the situation. Please can you help.
Since my H1B is approved and withdrawn, in future when I apply for a H1B will I be counted in cap or will i get cap-excempt?
Can I transfer the withdrawn H1B to different employer? Is there any time limit to use the approved H1B.
Since I have not used the H1B visa before its withdrawn by Emp A, will there be any problems when I try to apply for a H1B transfer may be after 1 year?
Since my H1B is approved and withdrawn, in future when I apply for a H1B will I be counted in cap or will i get cap-excempt?
>> Yes, it will still be cap-exempt even after the petition has been withdrawn. Have the approval notice or receipt number w/ yourself
Can I transfer the withdrawn H1B to different employer? Is there any time limit to use the approved H1B.
>> Yes, another employer can file cap-exempt petition for you. You are cap-exempt for 6 years from original H-1 start date i.e. Oct 1, 2013
Since I have not used the H1B visa before its withdrawn by Emp A, will there be any problems when I try to apply for a H1B transfer may be after 1 year?
>> There will not be any issues b/c of this
You are relying on B and letting go your employment w/ A. So just be cautious of the steps you are taking.