When to leave (Before or After Stamping)

[h1b2016]

Hi Forum members,

I am in a pickle of a situation right now and need your advise to take the right decision.

Background-
Currently employed with an MNC who filed for H1 2016 and it got selected in the lottery. I have the scanned copy of receipt with me as well. The project for which they had applied wont be kicked off now and there are chances that Client may not have other projects which suit my skills

Which means I may not travel to US in near future from this employer (and not for the client as well). So I am looking at other options in order to get that US entry asap.

I have decided to wait until I get the approval. Since the project got cancelled I am not sure if my emp will send me for stamping this year. May be they will file amendment (if I am lucky) but that too next year.
So here are my options after I get the approval from USCIS.

1. If I join another firm who are willing to transfer my H1B; can I do that before Oct 1st.

2. If I do option 1 and my current emp sends req to USCIS revoke my petition. Will that have any adverse effect on transfer from new Emp.

3. If I somehow manage to convince my current emp to send me for stamping with same project details and then resign I join another firm for H1 transfer. Will that improve the prospectus even though current emp sends revoke req after stamping.

Please help me with this dilemma.

TIA.

[shervin143]

1. If I join another firm who are willing to transfer my H1B; can I do that before Oct 1st.
>>> There are few recent RFEs on trying to do that. You can certainly do that after Oct 1st (after H1B becomes effective).

2. If I do option 1 and my current emp sends req to USCIS revoke my petition. Will that have any adverse effect on transfer from new Emp.
>>> Yes. If the petition under a brand new CAP is revoked before it becomes effective, then you loose the CAP. Transfer is not possible. You will have to wait until next year to file the H1B under a new CAP.

3. If I somehow manage to convince my current emp to send me for stamping with same project details and then resign I join another firm for H1 transfer. Will that improve the prospectus even though current emp sends revoke req after stamping.
>>> Visa stamping is just a document to enter U.S. If the petition is revoked prior to Oct 1st, you will loose the CAP even if you have the visa stamped. Transfer is not possible without a valid CAP.

[h1b2016]

1. If I join another firm who are willing to transfer my H1B; can I do that before Oct 1st.
>>> There are few recent RFEs on trying to do that. You can certainly do that after Oct 1st (after H1B becomes effective).

2. If I do option 1 and my current emp sends req to USCIS revoke my petition. Will that have any adverse effect on transfer from new Emp.
>>> Yes. If the petition under a brand new CAP is revoked before it becomes effective, then you loose the CAP. Transfer is not possible. You will have to wait until next year to file the H1B under a new CAP.

3. If I somehow manage to convince my current emp to send me for stamping with same project details and then resign I join another firm for H1 transfer. Will that improve the prospectus even though current emp sends revoke req after stamping.
>>> Visa stamping is just a document to enter U.S. If the petition is revoked prior to Oct 1st, you will loose the CAP even if you have the visa stamped. Transfer is not possible without a valid CAP.

Thanks a lot for replying. Looks like I dont have much of options other than waiting till October.

However, what happens if I leave current emp after oct and they send revokation request to USCIS after that. Will that have any impact on transfer to new employer.

Reason why I asked about stamping was that I can make use of that stamp to avoid doing that again with new emp. I am assuming that one can travel (even for 1st time) using prev emp stamp and new emp petition approval.

Also, I thought h1 status becomes active only after entry into US. I would be glad if thats not the case. Else I am badly stuck.

[shervin143]

However, what happens if I leave current emp after oct and they send revokation request to USCIS after that. Will that have any impact on transfer to new employer.
>>> Nothing happens. Your CAP becomes effective from Oct 1st and it is secured from its effective date. Once the CAP is secured, you can transfer it to any employer.

Reason why I asked about stamping was that I can make use of that stamp to avoid doing that again with new emp. I am assuming that one can travel (even for 1st time) using prev emp stamp and new emp petition approval.
>>> Yes, that is right. Once you have the H1B visa stamped, you can use that to travel with your new employer's approval notice. No need to get the stamping done again just because you transferred your H1B.

Also, I thought h1 status becomes active only after entry into US. I would be glad if thats not the case. Else I am badly stuck.
>>> Status has nothing to do here. When you are outside U.S, there is no status. Your H1B status will begin when you receive an I-94 associated with your H1B petition (@ the POE).

[h1b2016]

Thanks a lot!

However, what happens if I leave current emp after oct and they send revokation request to USCIS after that. Will that have any impact on transfer to new employer.
>>> Nothing happens. Your CAP becomes effective from Oct 1st and it is secured from its effective date. Once the CAP is secured, you can transfer it to any employer.

Reason why I asked about stamping was that I can make use of that stamp to avoid doing that again with new emp. I am assuming that one can travel (even for 1st time) using prev emp stamp and new emp petition approval.
>>> Yes, that is right. Once you have the H1B visa stamped, you can use that to travel with your new employer's approval notice. No need to get the stamping done again just because you transferred your H1B.

Also, I thought h1 status becomes active only after entry into US. I would be glad if thats not the case. Else I am badly stuck.
>>> Status has nothing to do here. When you are outside U.S, there is no status. Your H1B status will begin when you receive an I-94 associated with your H1B petition (@ the POE).

Thanks Shervin for clearing most of my doubts. I will wait it out till Oct 1st then to be on safe side before making any move.

Thank you Immihelp