H1 Revoke/Cancel - Changing of Companies in India


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I am with Company A and currently in US on H1 visa and valid till Aug 2016. (I have only been in US for 6 months of the maximum 6 years on H1). I have received an offer from Company B in India. I wish to join company B in India and then travel back to US.

Company B is not ready to initiate the visa transfer until I join them in India. Thus I need to take a decison/risk of going back to India and resigning and then joining company B in India.

Thus my queries are:


1) If resign from company A and join company B in India, will my current H1 petition be revoked by company A?


2) If my H1 petition is revoked/cancelled, whether company B can raise a fresh H1 petiton for me and will I be subject to Cap-Exempt? \


I wish to come back in US with Company B but I don't want to apply for a H1 lottery again.

Kindly advise as I am not able to get exact information from current topics in this forum.




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Hi ,


I got my H1B visa in October 2014. Employer has revoked my H1b .


I Got an email notification regarding the case status update  on 02/13/2015 from USCIS saying that  they have received the  corresponds for form I-129 on 02/10/2015.
I did not get any return notice from my employer,But upon calling them continuously they have sent an email to me on 02/24/2015 saying they have requested USCIS to withdraw my H1b approval . 
According to the payroll 01/11/2015 was the last working day with my employer.
As i was out status I left the country on 03/05/2015. since i am in India now,If i want apply for  H1B  with new employer should i just do the H1B transfer or do i have to file a new H1b in 2015 Quota .
So in my case will i be subjected to Cap-Exempt ?
Any advise is greatly appreciated
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An H1 transfer *IS* a new H1. It is just not in the quota, since you have already been counted for the quota.

The new employer can just file a new H1 for you at any time, and once it is approved, you can enter a new H1 visa, or, if you have an existing, still valid H1 visa, you can enter with that and the new approval notice.

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