Post H1b Visa Stamping looking for transfer but what if employer cancels


I currently hold a valid h1b visa stamped with me, using which i never got to travel so far and would like to look into various options available.

In my current comapny ‘A’ i need to serve a notice period of 3 months

  1. Since notice period is long, if i put down my papers without any company ‘B’ ready for transfer, how much of a good idea would it be and would there be any impact other than getting a job within notice period.

  2. If i get a new offer from company ‘B’ and they are ready for h1b transfer, ideally how much time it takes for transfer.

  3. When i put down my papers, if company ‘A’ goes to cancel my h1b (before / after / in between) company ‘B’ trying for transfer what would happen

  4. What all would be the benefits company ‘A’ will get by cancelling a h1b.

Thanks in Advance,


  1. As you are currently outside US, B can file for H-1 transfer any time - you may be working for A, resigned from A, in-between job etc. Doesn’t matter.

  2. It will take 2-6 months under regular processing, and 15 calendar days under premium processing. If RFE is issued, then it can take longer.

  3. B can file cap-exempt petition for you (aka H-1 transfer) even after A has withdrawn/canceled their petition. Just keep A’s receipt number or copy of the approval notice w/ yourself.

  4. Actually nothing, but still companies do b/c they think that you don’t carry the H-1 that ways (which is not correct).

Is it possible for an employer to completely withdraw a petition… Making it ineligible for cap-exempt ?