H1B Transfer after Withdraw/Revocation

[kvsksunil]

Hi,

I am from India and I work for Company-X in India.

Company-A from US has hired me and sponsored my H1b for FY 2017.

The petition was sent to USCIS in April 2016, it passed through the lottery process and the petition is approved in the month of October 2016. During my visa interview in November 2017, Visa Officer gave me 221g form, requesting few additional documents related to petitioner, which I have submitted immediately and the case status is under Administrative Processing since then. My passport is with me and I do not have the H1b stamping done on it.

As this is being delayed, they (Company-A) have filled their open position by hiring a person from US and they have withdrawn this petition in the month of July 2017.

Now I am in US, on a business trip (B1 Visa) with my current client for a month.

 I have another employer (Company-B), who is ready to hire me for an open position in US with him.

 I need your expertise in answering the below questions which I have in my mind.

Also as I have passed through the lottery process and got into the cap limit for FY2017, will it add any advantage when I get some other opportunity to apply for H1B again.

 Q1. Do I need to go through the lottery process again, if Company–B apply H1b for me?

 Q2. If my H1b with Company-B is approved while I am in US, Can I start working here for my new employer or do I need to go back to India for stamping?

[NotAnAttorney]

Q1 : Yes, they need to file for FY19, for which the petitions are accepted from April 2nd 2018.

Q2: This looks like a highly unlikely scenario considering the timeline of events. You are now on B1 but anyone can file only from Apr 1st 2018 and start date will be Oct 1 2018 ( considering it gets approved well in time), which is like 11 months from now and on B1 you cannot really stay here until then.