H4 to H1 - cap exempt

[smartquestion1]

Hi I was on h4. I applied for h1b with employer A and got it approved from 1st oct 2012 to 30 sept 2015. I worked from 1st oct 2012 to 28th March 2014 with employer A. I went to India on 1st April and came back to USA on 31st july on H4 visa due to personal reasons. I never went for H1B stamping in India.

Now I am no H4 status with h1b petition approved till 30 Sept 2015, can new employer B transfer my H4 to H1 without going to h1b Quota? as I have previous h1b petition still valid, can tranfer h4 to h1 to new employer B and starting working with employer B?

[raghvi]

Yes your future employer can.

This is my opinion not legal advice.

[smartquestion1]

Yes your future employer can.

This is my opinion not legal advice.

Thanks for quick reply. also will there be any impact on h4 to h1 transfer if my previous empoyer revokes my h1b petition before my new empolyer file for h4 to h1 transfer?

[raghvi]

It doesn't matter even if they revoke.

This is my opinion not legal advice.

[smartquestion1]

It doesn't matter even if they revoke.

This is my opinion not legal advice.

So if my H1b petition is revoked by previous employer, while I am on H4. I will be in future able to transfer my h4 to h1 as cap exempt with new employer, correct?