Can a another employer file a cap-exempt H1B petition using a unused and unstamped H1B petition?


#1

Hi Saurabh,

I have an approved H1B petition valid till this Year. I got that through a Consultancy back in 2012, but haven’t gone for Visa Stamping due to personal reasons and so never worked in the US. I hear that using this petition another employer can file a cap-exempt new H1B petition ,though I have not worked in the USA using H1B in the past.

Is it possible for a new employer to file a cap-exempt H1B petition using my current petition so that I can travel to the US and work there this year if recruited ?

One more question, if i happen to find a employer, say a month after the expiry of this petition, still a new employer can file a cap-exempt petition?

Thanks


#2

Check this Article How to use Cap Exempt H1B with FAQs


#3

Yes, if an employer can get you an opportunity and you crack the interview then the employer can file your transfer.