Hi ,
I’m currently on H4 EAD.I have H1B from a previous employer which was approved in 2016. I have never used it. I’m planning to go back to H1B. I have a job offer who say they are ready to file H1B but they are saying I need to go through lottery again(Since there is a risk of denial due to abandonment of the initial H1B) Can this new employer transfer my unused H1B under Cap exempt? Anybody in a similar situation and have an approved visa recently?
Please suggest. Thank you
Was this approved as change of status in the US or out of US as consular processing.
If in the US, did you ever worked for the employer even a single day?
If consular processing, did you get H1B visa stamp?
I have never worked on it. It was approved through lottery but never used.
Thanks. You didn’t answer the below questions though.
Was this approved as change of status in the US or out of US as consular processing.
I did not explicitly file a COS nor was it a Consular processing.
I was in US when the H1B was filed. Thank you
Your new employer may file a ‘new’ petition as cap-exempt however it is totally up to the adjudicating officer to approve or deny as it seems your initial H1B was never activated either by visa stamping or working for the employer who filed it.
There have been instances when such transfer of unused H1B has been approved by USCIS.
Thank you so much for you response. That helps