H1-B approval after Revocation

[Harish0711]

My H1-B was approved on June 06th, 2023, under change of status by a full-time employer, valid until 9/30/2026, and I was laid off on Aug 1st (even before H1-B became active). The employer sent a written withdrawal request to USCIS on Aug 3rd, asking to withdraw the H1-B petition without prejudice. USCIS revoked and sent withdrawal acknowledgment on Oct 11th, saying, "An automatic revocation cannot be appealed."

Can I transfer/change employer with this H1B? Do I need to go through the lottery process again, or can my new employer file a new H1B petition without a lottery process? (I have enrolled in a Day-1 CPT university meanwhile)

Edited October 12, 2023 by Harish0711

[Attorney_24]

Generally, if the cap subject H-1B is revoked prior to the validity start date then the cap number will be lost and the foreign national will have to go through the lottery process again. 

[Harish0711]

7 hours ago, Attorney_24 said:

Generally, if the cap subject H-1B is revoked prior to the validity start date then the cap number will be lost and the foreign national will have to go through the lottery process again. 

Thank you for the clarification. I understand that if the H-1B is revoked before the validity start date, the cap number is lost, and one needs to re-enter the lottery process.

In my case, the H-1B petition was revoked by USCIS on October 11th, which was after the validity start date. Does this mean I won't need to go through the lottery process again?

Your insights are much appreciated.

[Harish0711]

Thank you for the clarification. I understand that if the H-1B is revoked before the validity start date, the cap number is lost, and one needs to re-enter the lottery process.

In my case, the H-1B petition was revoked by USCIS on October 11th, which was after the validity start date. Does this mean I won't need to go through the lottery process again?

Your insights are much appreciated.

[Attorney_24]

Generally, withdrawal is considered effective once it is received by the USCIS which in your case was back in August. So, recommendation will be to go through the lottery again.