H-1B Approved for Oct 1, Employment Ended Before Start Date, Withdrawal Sent Sep 29 - Can a New Employer Transfer My H-1B or currently im out of status?
Main Timeline
My STEM OPT began on February 1, 2026, and my STEM OPT EAD is valid through January 31, 2028. My former employer filed a cap-subject H-1B change-of-status petition, which USCIS approved on Form I-797A with an attached I-94, effective October 1, 2026.
My employment ended on September 18, 2026, before the H-1B effective date. The employer then submitted a written H-1B withdrawal request. FedEx confirms that the withdrawal package was delivered to USCIS’s designated Lewisville, Texas courier/Lockbox location on September 30, 2026 at 10:28 AM, one day before the scheduled H-1B effective date.
On October 1, 2026, my SEVIS record automatically changed from F-1 STEM OPT to Completed because of the previously approved H-1B change of status. USCIS has not yet issued the formal withdrawal/revocation acknowledgment, and SEVP has stated that it needs that notice before correcting my SEVIS record.
Question
Given that I already have an approved cap-subject H-1B I-797A with an attached I-94, but my prior employment ended and the withdrawal was submitted before October 1 (on sep 30), can a new employer file an H-1B change-of-employer petition for me as previously cap-counted, without a new lottery?