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

1

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?

Thanks,
Ram

2

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

3

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.

Thanks,
Ram

4

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