Can H1B petition approved from India eligible for change in employer (Visa stamping not done)

Dear Sir,

I worked in USA on L1B with I140 approved by Employer A. After 5 years cap, moved to India in 2019.
While I am in India, my H1B petition is approved in Feb 2022 (Visa stamping not done) from Employer B.
I traveled back to USA through Employer A in Apr 2022 on L1B again.

I never worked on H1B and visa stamping not done and no pay stubs were generated.

Kindly let me know if i can switch to employer B using my unused H1B that is not visa stamped.

What are the options for me? Am i elgible for cap excempt?


USCIS have in past approved cap-exempt H1B for beneficiaries who never worked for sponsoring employer or had no visa stamped so you can try your luck, nothing to lose

Dear sir

Small correction to the question:

I am now in usa through employer A after 1 year gap outside.
My h1b processed through employer B while i was in india,a consulting company, i never worked, never used. Approved petition in 2022, stamping not done.

I wish to move to employer C, which is all together new. Is it possible.


Yes, the employer C will need to file a change of employer petition.