Cap-Exempt Eligibility

USA H1B Visa
1

Dear Kumar,

Thanks for your selfless work for the community for a long. Below is my case Please do add your opinion.

My H1b was selected in the lottery in 2013 and got petition approval in 2015, with Validity 2 years (Feb-2015 to Dec-2016).

  1. Visa stamped [Feb-2015 to Dec-2016]
  2. I never travelled to the USA.

Below is my query :
Can I use the same H1B selected for Cap-Exempt / H1B Transfer?

Regards,
Muhammad

2

H1B is an employer petition so the new employer sponsoring your H1B can file a new cap-exempt ( no need for lottery) petition. If approved you can go for visa stamping and then travel to the US to work for the sponsoring employer.

3

Dear Kalpesh,

Thanks for your response. So based on your knowledge My petition is eligible for H1B Cap-Exempt in 2023 even though if I have not traveled to US.

Thanks