Hi everyone,
I have a unique H1B situation and need clarity from experienced folks here. Let me explain my case in detail:
My Background:
Indian software engineer based in Chennai, India
Never entered the United States
My H1B History:
Got selected in H1B lottery (FY 2025)
I-797B approved with validity: October 1, 2024 to September 30, 2027
H1B visa stamped on February 5, 2025 (valid till September 30, 2027) at Chennai consulate
Petitioner: My previous employer (an IT company in the US)
What Happened:
I changed employers to a new company while still in India
My previous employer revoked my H1B petition after I left
My new employer has NOT filed anything yet
I have never traveled to the USA
My Core Question:
Since my original H1B petition:
Started in FY 2025 (October 1, 2024)
Was revoked in FY 2026 (after February 2025)
Was revoked in a different fiscal year than when I was counted against the cap
Does this mean I am cap-exempt? Can my new employer file a fresh LCA and H1B transfer petition without going through the lottery again?
Specific Questions:
Am I truly cap-exempt given my situation? (petition started FY2025, revoked in FY2026)
Can my new employer file a new LCA and H1B transfer petition without lottery?
My current petition expires September 30, 2027 - would a new transfer petition carry the same expiry date or would my new employer get a fresh 3-year period?
Since my previous employer revoked the petition, my current visa stamp is technically invalid. After new employer gets approval, do I need completely new visa stamping?
What documents does new employer need to file the transfer? Do they need my original I-797B from previous employer?
If new employer files with premium processing (15 business days), is there enough time to complete everything and enter the US before September 30, 2027?
What happens if I don’t enter the US before September 30, 2027 - do I permanently lose cap-exempt status?
Are there any alternative visa options (L1B, O1, etc.) I should explore given my situation?
What I’m Looking For:
Confirmation on cap-exempt status
Clarity on LCA and H1B transfer process without lottery
Advice from anyone who has been through a similar situation
Any alternative paths if H1B transfer is not possible
This is time-sensitive as I have a hard deadline of September 2027. Any help, advice, or personal experiences would be greatly appreciated!
Thank you in advance!