Denial on Transfer of H1B never stamped

[swaroop203]

Hi,

My wife had an approved petition from a company A when she was working in India. She never went for stamping. She resigned and moved to USA on H4 visa. Company A revoked her H1B.

Now company B is ready to transfer her visa. I have two questions about the same.

1. Her approved h1b petition got revoked. is she eligible for an cap exempt h1b transfer if she has the cognizant petition document.
2. If Company B applies for an H1B transfer using the old h1b documents and if it gets denied. Does this mean H1B is denied completely or she can find another employer C and apply for H1B transfer again.

[pontevecchio]

The rules have been changed and since she neither has a stamped H1 visa with the initial employer or has worked for the initial employer at all, she is not considered cap exempt and hence no transfer is possible. You may choose to have her discuss specifics with a lawyer if you want.

[Chai]

Although, she have had approved petition, her H1-B status never kicked in. Hence, she cannot transfer to another employer. That H1-B is gone. New employer can file H-1B in April 2018 OR she has to find Non-profit organization, which can sponsor H1-B.