H1B approved & stamped but company hasn't called me to US! What happens next?

[Shazzhamd]

Situation is like this:

 

H1B was approved last year and got stamped this March. Have been working with the Indian arm of the company. Was told that currently they are looking for new projects in the US and once they have one, they will call me. It's been 3-4 months and they have been asking me to wait. I am thinking of switching company. Here are my questions for different scenarios:

 

Scenario 1 - While being with the Indian arm, get a job with another company in the US. 

Question:

Will there be any issue in getting H1B transferred from the current company to the new company while me being in India?

 

Scenario 2 - I quit my job in India with the current company, switch to another Indian company, while hoping to continue my search for a US company willing to sponsor.

Question:

If I quit the current company, most likely they will request USCIS to revoke my H1B. So, will my H1B be gone and I have to get into the lottery system again or will it be like put on hold or something and once I find a new company ready to sponsor they can transfer my H1B? 

[pontevecchio]

Since you have the H1 Visa stamp based on an approved H1 Petition, you are considered cap counted and can look for other H1 sponsors. This applies even if the H1 petition were to be revoked. Another employer would file and get a H1 Petition approved for you and then you can come over on the existing visa stamp and start work.

[Attorney_26]

Generally if an H1b petition has been approved on your behalf and you have obtained an H1b visa based on the petition, you don not have to go through the lottery again unless that Petition is revoked by USCIS for fraud. You should be able to obtain H1b status with another employer without going through the lottery. Recommend consulting with a knowledgeable immigration attorney.

[Shazzhamd]

On 7/20/2023 at 9:17 AM, pontevecchio said:

Since you have the H1 Visa stamp based on an approved H1 Petition, you are considered cap counted and can look for other H1 sponsors. This applies even if the H1 petition were to be revoked. Another employer would file and get a H1 Petition approved for you and then you can come over on the existing visa stamp and start work.

Thanks a lot for the clarification. This helps a lot.

[Shazzhamd]

On 7/25/2023 at 10:10 AM, Attorney_26 said:

Generally if an H1b petition has been approved on your behalf and you have obtained an H1b visa based on the petition, you don not have to go through the lottery again unless that Petition is revoked by USCIS for fraud. You should be able to obtain H1b status with another employer without going through the lottery. Recommend consulting with a knowledgeable immigration attorney.

This helps a lot in understanding the process. Thanks a lot.