Your rights as a selected beneficiary, can another employer file your petition, portability options, timeline constraints, and what to do immediately
You were selected in the FY2027 H-1B lottery — and then your employer withdrew the registration. Maybe they rescinded the offer, had layoffs, went through a merger, or simply changed their mind about sponsorship. This is devastating, but you have options. The critical question: can another employer use your selection to file an H-1B petition? The answer depends on timing, the specifics of the withdrawal, and quick action on your part.
Quick Answer: If your employer withdraws your FY2027 registration BEFORE filing the I-129 petition, a new employer CANNOT use that selection — the selection is tied to the specific employer-beneficiary registration. However, if the petition was already filed and then the employer withdraws, H-1B portability (AC21) may allow transfer to a new employer. Your best options: find a new employer to register you for FY2028, pursue cap-exempt employment, or explore O-1A.
| Scenario | Can Another Employer File? | Best Option |
|---|---|---|
| Registration withdrawn before petition filed | NO — selection is lost | Cap-exempt employer, O-1A, FY2028 |
| Petition filed, then employer withdraws | Possible via portability | Find new employer ASAP for transfer |
| Petition approved, employer terminates | Yes — standard transfer | New employer files new H-1B petition |
| Employer went bankrupt / dissolved | Depends on petition status | Consult attorney immediately |
| Offer rescinded before selection | N/A — not selected yet | New employer registers for FY2028 |
The H-1B registration system created a critical distinction: the REGISTRATION (lottery entry) and the PETITION (I-129 filing) are separate steps. A registration is tied to a specific employer-beneficiary pair. If the employer withdraws the registration before filing a petition, that lottery selection slot is lost — it cannot be transferred to a different employer. USCIS does not allow "selection portability" at the registration stage.
This is different from petition portability under AC21. Once an H-1B petition is FILED, the beneficiary may be eligible to transfer to a new employer under certain conditions. If the original petition was filed and is pending, a new employer can file a new H-1B petition on the beneficiary's behalf — and the beneficiary can begin working for the new employer as soon as the new petition is filed (if the beneficiary already holds H-1B status or has received an I-797 receipt notice).
The timeline is critical. The 90-day cap filing window runs approximately April 1 through June 30, 2026. If your employer withdraws the registration in April, you have almost no time to find a new employer willing to go through the registration process (which is already closed for FY2027). Your options narrow to: (1) cap-exempt employers who can file year-round without registration, (2) O-1A visa if you qualify, (3) maintaining current status (OPT, etc.) and trying again for FY2028.
Search Wisa for cap-exempt employers and companies actively sponsoring H-1B — no lottery required for cap-exempt.
Search New Sponsors →Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →If the registration was withdrawn BEFORE a petition was filed: No. The selection is tied to the specific employer-beneficiary pair and cannot be transferred. If a petition was filed before the withdrawal: Possibly. H-1B portability under AC21 may allow transfer to a new employer. The distinction is whether a petition (I-129) was actually submitted to USCIS.
If the acquiring company assumes the H-1B obligations (successor-in-interest), your selection may remain valid and the new entity can file the petition. If the acquiring company does not assume immigration obligations, the registration may be withdrawn. Work with your immigration attorney immediately to determine the successor-in-interest status.
Generally, no — employers are not legally obligated to file H-1B petitions. The sponsorship is at the employer's discretion. However, if you have a written employment agreement that explicitly promises H-1B sponsorship, you may have a breach of contract claim. Consult an employment attorney if you believe you have a contractual basis.
In order of urgency: (1) If you have STEM OPT time remaining, continue working and try for FY2028. (2) Apply to cap-exempt employers who can sponsor H-1B year-round without lottery. (3) Evaluate O-1A eligibility. (4) Consider employer transfer to international office while you regroup.