H1B approved via CP on 2019 then revoked and never stamped. Can I transfer it now?

[PabloM]

Hello,

I had an H1B approved on 2019 via consular processing but it was never activated or stamped. Then I left company A and it was revoked. I have been working now for company B for a year and I want them to try to transfer my previous H1B, is it possible?

[JoeF]

Unless you worked for the original employer or at least got the H1 visa stamp you were not counted for the quota. That means the H1 can not be transferred. Your employer would have to file a new H1 petition in the lottery.

[PabloM]

Thanks for your reply! I worked for the original employer but only under OPT not H1B and didn't have my H1 visa stamp.

what about going back to that same original employer? any difference or it is the same case where I wasn't counted for the quota?

[JoeF]

1 hour ago, PabloM said:

Thanks for your reply! I worked for the original employer but only under OPT not H1B and didn't have my H1 visa stamp.

what about going back to that same original employer? any difference or it is the same case where I wasn't counted for the quota?

The company revoked the H1 (they were required to do so by law.) It is gone forever.

If they want to hire you now they would have to file a petition in the quota.

Edited March 4, 2022 by JoeF