Validity of H-1B Petition after resignation

[samuel001]

Hi,

 

I have an approved H-1B petition which is valid till 2017. My Visa application was raised by my previous employer, a software company in India.

 

I have resigned from that company before getting the H-1B Visa stamped on my passport. Can anything further be done with the approved petition that I have with me.

 

Thanks

[JoeF]

That petition is gone.

A new employer could file a cap-exempt H1 for you.

[rahul412]

As per the rules, once your resign that H1 should be revoked,

 

If you have worked for that employer on H1 then new employer can file your H1 cap exempt, but if you haven't worked for that employer then new employer has to file new H1 under the cap.