H1 to H4 to H1 again (Never travelled to US yet)

[Jack.Sparrow]

I am in India and have valid H1 till 2015(never travelled US - not used VISA).

 

Now I have put resignation so my employer may cancel my petition. (Will employer cancel petition as well as stampped VISA ? )

 

My wife is in US now, if I will go to US on H4.

 

Then if any employer find job for me, can I apply new H1?

 

If yes then will this new H1 comes under cap limit?

[jairichi]

By law an employer has to revoke H1B petition once you quit. Your visa is still valid. However this will not affect future cap exempt H1B petitions filed by prospective employers. Once you are in US any employer can file a cap exempt H1B petition anytime and on approval you can start working.