H1B transfer after petition revoked

[Faraz]

I was working for employer A on H1B and had my I-140 approved. I visited India in 2013 and had to get my visa stamped. The consulate put me under 221g so I could  not return but was working from home. After a few months, I was laid off and also got my 221g approved within a few days and visa stamped. However I didn't return since I didn't have a job and my I-797 had been revoked.Now, 6 months later,I found employer B who wants to hire me.

1. Should employer B file for a fresh H1B or an H1B transfer?

2. My last paycheck is from Oct'2013,(I have been in india since..) can this be used for H1B transfer?

3. My visa is stamped under Employer A and valid till 2016 - can I use this stamp to re enter US after employer B's petition for me is approved?

 

[jairichi]

I was working for employer A on H1B and had my I-140 approved. I visited India in 2013 and had to get my visa stamped. The consulate put me under 221g so I could  not return but was working from home. After a few months, I was laid off and also got my 221g approved within a few days and visa stamped. However I didn't return since I didn't have a job and my I-797 had been revoked.Now, 6 months later,I found employer B who wants to hire me.

1. Should employer B file for a fresh H1B or an H1B transfer?

2. My last paycheck is from Oct'2013,(I have been in india since..) can this be used for H1B transfer?

3. My visa is stamped under Employer A and valid till 2016 - can I use this stamp to re enter US after employer B's petition for me is approved?

1. Cap exempt H1B petition which you call as transfer. It is a fresh H1B petition but cap exempt.

2. No issues.

3. Yes, use the same valid H1B visa and new employer's I797 to travel to US.