H1B transfer whrn H1B is Revoked

[chandupulla]

Hi Admin,

I have a query with my H1B status, I was working with an Indian service based company and worked in USA for 2 years and came back to India with Visa expired but I was on H1B extension at that time. After extension, my H1B has the validity till Nov 2015, I came back to India and resigned to the company for which they have "revoked" my H1B.

I have few Queries related to this

1) As currently I am in India and my H1B is revoked ( but H1B extension is till Nov 2015) , can I apply for the Job in USA and do just the H1B transfer to the new employer ?

2) Due to some commitments I am not ready to move to USA till beginning of 2016, in that case will my H1B is still valid ( as my extension documents are till November 2015) to do the transfer to new employer ? 

3) As per my understanding I may not fall in the H1B cap (65k ) in both cases i.e case 1 and case 2 mentioned above.

Kindly provide the Info ASAP.

Thanks,
Chan

[jairichi]

1. Yes, new employer can file a cap exempt H1B petition anytime.

2. Refer 1.

3. Refer 1.