My H1B transfer is in process but due to some personal reasons I might have to go abroad (India) soon.
I am planning to come back on H4 (spouse’s dependant). My previous H1B has been revoked.
In this case, I understand my H1B which is in process will get cancelled and H4 will be my active visa.
After I come back to the US on H4, can any employer refile my H1B even though it was cancelled?
Can I use the same receipt number from the H1B which got cancelled while applying with new employer? Or what do I use if any employer agrees to re-file?
Does re-file H1B means going through H1B lottery process again?
H-1 petition processing would continue but your COS will be abandoned. Even after H-1approval, you will remain on H-4 visa status. A separate H-1 COS needs to be filed, or you need to enter on stamped H-1 visa
Any new petition that needs to be filed should reference a previously approved petition. If you have only 1 petition that was ever approved (doesn’t matter if employer withdrew it later), then you should use that petition for cap-exempt/transfer process.
No, it will not go through cap but will cap-exempt.
Thanks a lot Saurabh.
One more question, it is a general one. In the same case if I am getting transferred to a new employer B and previous employer gave H1B to revoke, can I still look for a job with new employer? Can the new employer still use the revoked H1B from employer A?
A lot depends why the petition was withdrawn and revoked. If the employer revokes it b/c they no longer want you to be their employee; then it can be used later for cap-exempt purpose.
If USCIS revokes it if they discover fraud or misrepresentation of information, then it cannot be used for cap-exempt purpose.