Transfer of H1B Visa after petition is cancelled by sponsoring company


I am having valid H1B visa valid till 2017 sponsored by a Company A.
This visa has not been utilized yet, as i haven’t traveled to USA yet on this. I am still in India.
I have resigned from Company A and going to join B in some days.But Company B is not yet ready to transfer visa/petition.
Have some query regarding the same.

  1. If i change company from A to B, Does company A(who sponsored my visa initially) has rights to cancel H1B petition?
    (I have read in some form that VISA can’t be canceled but petition can be canceled by sponsoring company)

  2. Can somebody confirm if in case petition is cancelled by company A, then company B can file a re-petition of my valid H1B Visa even after cancellation of it or not?

  3. Do i need to again go through whole process of getting H1B visa including lottery if petition is cancelled by A and after this cancellation B is trying to transfer it?

Would be really grateful if some body can guide me with the process of transferring VISA after petition is cancelled after changing the company.

1 Like
  1. Yes A can withdraw the petition. They can revoke the visa stamp as well, but they will have to take custody of your passport and send it to the consulate for this to happen

  2. Yes, they can as you have already been counted in the cap. However, this is not a legal opinion and only a qualified lawyer can provide that.

3.If you are cap-exempt, then no lottery is required.