Transfter of H1B to B after Cancellation from A

Dear Members,

I have a stamped H1B and I am planning to resign from my Current Sponsor A. During Resignation, Sponsor A plans to Cancel the issued H1B. Can I transfer the Visa to Sponsor B after it is canceled by A?
My new sponsor is saying that it will not be able to transfer the Visa this year but early next year. My stamped Visa is valid till 2024. Is it possible?

You are confusing visa with H1B petition. Visa is just a travel document required to enter the US. Once you leave the H1B employer, the employer is bound by law to withdraw the H1B petition.

If you are already in the US working for H1B employer and you want to change your employer, the new employer will have to file what is called ‘change of employer’ petition aka H1B transfer.

If you are in India and never traveled to the US to work for the H1B sponsoring employer, new employer can file H1B under cap-exempt (no need for lottery) and if approved you can use your current visa to travel to the US as far as the visa is valid on the day you enter the US.

1 Like

First, Thank you very much for giving the clarity.Now a follow up question, if I have never travelled to US, can my new employer in india file the petition after one year from the date of my resignation?

I already answered, yes. The time is irrelevant.

1 Like

Thanks a lot Kalpesh…Really Appreciate for answering the doubt.