H1B Stamping rejected. Can I still use that petition for transfer?

[sdrao]

I Filed H1B petition in 2014 Nov on cap excepmtion and it got approved and valid till 2018 Nov. I went for stamping in Jan 2015 and kept on AP and on Feb 2016, received a letter from USConsulate saying that I am not eligible for issuing stamping as there is no proper employment found as mentioned in petition. Can I still transfer that petition to another employer and attend for Stamping? currently, I am in India. Any help will be appreciated. --Thanks.

[raghvi]

I Filed H1B petition in 2014 Nov on cap excepmtion and it got approved and valid till 2018 Nov. I went for stamping in Jan 2015 and kept on AP and on Feb 2016, received a letter from USConsulate saying that I am not eligible for issuing stamping as there is no proper employment found as mentioned in petition. Can I still transfer that petition to another employer and attend for Stamping? currently, I am in India. Any help will be appreciated. --Thanks.

If the petition itself was sent back to USCIS for revocation, which usually is, in such cases, then no you cannot.

This is my opinion not legal advice.