H1B approved, never used, currently on H4 in USA. H1B revoked, can I use cap-exempt H1B transfer?

My Case:

  1. H1B approved with an Indian company. H1B is stamped by company A.
  2. My husband also has H1B and I traveled with him using H4 to enter USA with extended leave from company A. I am not working in USA at this time.
  3. My H1B was never used till today.
  4. Company A (in India) filed for my H1B revocation.
  5. I left company A now.

My question:

  1. Can i get my H1B transferred to new company/employer now?
  2. Is yes, can i file H1B transfer as out-of the cap transfer?

Note: I am curretly in US on H4 status


  1. Yes, you can use your old H1B petition to file for H1B transfer.
  2. Yes, the transfer can be filed as ‘cap-exempt’ and can be filed anytime during the year.

My scenario: i got my h1b from a usa based company in 2005. I was indian national at that time, working in India.

I never travelled to usa.

Instead, i went to uk and worked there for a decade and changed my passport from indian to british.

i relocated back to india after acquiring british citizenship and am now living in India.

Question: (1) is my h1b visa on my cancelled Indian passport still valid?

(2) If yes, can i use my h1b to work in usa now in 2021 with another employer ?