REVOCATION NOTICE WAS SENT

[AMN10]

Hello,

I used to work for Company A, who filed my H1B last year under consular processing. The H1B was approved but was never stamped. I was recently laid off by my employer due to COVID'19 situation. Till now, I have been on STEM OPT, which is valid till June 2021. My question is will my new employer have to file a new H1B petition, which will again have to go through the lottery or will my petition be exempt from lottery since it has already been through lottery once? I have received mixed answers from lawyers till now, with some saying yes and some saying no. Has anyone been through similar scenario or has any knowledge regarding the matter?

Thanks

[JoeF]

Since you didn't start working on the H1 nor have gotten an H1 visa stamp you are not considered counted for the quota. A new employer would have to file in next year's quota.

[gopalakrishnach]

It looks you never started your H1B and since now your employer laid off then that H1B is gone. You need to submit new H1B petition in lottery next year.