H1B transfer and revocation from India!!!! Please give your 0.02$!!!

[h1b_select]

Hi All,

I am in a unique position or not that you all have to decide. I am stating my case here.

I have approved and stamped VISA valid till October-2019, which was filed by my current company A.Now company A is not willing to send me on assignment. I have another company B willing to transfer my VISA. I have never been in USA on H1B status.

I am planning to leave company A and join company B in India itself. I am worried about revocation/withdrawal of VISA from company A.

My questions are as below:

1. What is the difference between revocation and withdrawal from company A perspective?

2. If company A revokes/withdraws the VISA and company B files for the transfer, will I be counted in CAP or I will be CAP-EXEMPT?

3. Should I transfer VISA to company B before revocation/withdrawal or after? Is "after" even possible?

Please help me with these scenarios if you have been through this situation. I would also like to have suggestions based on this scenarios.

Thanks

[scientist2016]

Yyou already have been counted under the cap. A's actions should not matter. B can apply for cap exemption.

[h1b_select]

Yyou already have been counted under the cap. A's actions should not matter. B can apply for cap exemption.

Thank you for replying. Even if I leave the work at company A today and company B files for transfer after 6 months, will this hold true? I really appreciate your help.

[raghvi]

Thank you for replying. Even if I leave the work at company A today and company B files for transfer after 6 months, will this hold true? I really appreciate your help.

Yes. Make sure to keep at least a copy of the approved I797 of A.

This is my opinion not legal advice.

[h1b_select]

Yes. Make sure to keep at least a copy of the approved I797 of A.

This is my opinion not legal advice.

Thanks for the help. I have all the originals with me.

Thanks