Resignation and first time H1B

[kekerode]

Hello,

Currently I am in India and never travelled to USA.
My current Indian employer 'A' has filed H1B petition for FY-2014 (first time H1B petition for me) and I got selected in lottery. Also I have the receipt number and current status is "Initial Review".
Now I have resigned with employer 'A' and will be joining Indian employer 'B' in mid of July 2013 after serving notice period of 2 months. Hence got couple of queries and seeking suggestions for future.

1. After I have joined employer 'B', what will happen to H1B petition filed by employer 'A' ? Will it be approved by USCIS if everything goes fine?
2. If petition filed by employer 'A' is approved then can I ask employer 'B' to file H1B without CAP limit?
3. If petition filed by employer 'A' is not approved then can I ask employer 'B' to file H1B without CAP limit? Or will it be CAPPED?
4. Can employer 'A' do anything like withdrawing or cancelling H1B petition once I have left company finally?

Please help me. Appreciate your inputs here.

Thanks and Regards,
kekerode

[kadkhiq81]

Resignation and first time H1B

If the petition approved, You can transfer (cap exempt) the petition to your new employer however it would be good to have Atleast a copy of your approved petition. You can check with your new employer about this.

This is my personal opinion.

[kekerode]

If the petition approved, You can transfer (cap exempt) the petition to your new employer however it would be good to have Atleast a copy of your approved petition. You can check with your new employer about this.

This is my personal opinion.

Thanks for reply kadkhiq81. I got update from my current employer 'A' that they will withdraw H1B petition by month end in case my resignation is final.
Since I already went under CAP once, shall I be eligible for CAP exemption next time?

Thanks and Regards,
kekerode

[kadkhiq81]

Resignation and first time H1B

AFAIK, if the petition is approved, You are cap exempt and your new employer can transfer or apply new petition based on your current approved petition. You can go for stamping based on your new approved petition and then can travel. Your current employer may revoke your petition but it doesn't matter to you.

I don't think you can transfer petition that has never been approved (Not very sure though)

This is my opinion.