Cap-Exempt Eligibility

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?


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.

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.