H1b Approved in 2016.. Recapture Process


I’ve an i797b approved h1b petition of Dec 2016. However, I’ve never been to USA, never applied for visa stamping, never filed DS160 & any other forms.

Reason: The past employer/ consultant was not willing to process any document because short of client letter and now, the consulting company doesn’t exists any more.

Now, I’m standing on Year 2023 and the question is…

Is that old approved petition still valid? If yes, can I use it for my present indian employer to work on-site for its USA based clients?

Is my petitions still be considered as cap exempt?

H1B is employer specific petition and can only be used for the employer who originally sponsored it.

The new employer can file cap-exempt H1B petition for you.

Hi @Kalpesh_Dalwadi I am also in the similar situation. I am in USA and my tenure is ending now, will go to Canada for an year for cooling period. I have and approved H1B from 2016, I have never used it, never stamped the H1B Visa. The employer has revoked the H1B in 2018.

Question is, after my cooling period (2024),will I be able to apply for a cap excempt H1B? Waiting for your valuable reply.

Thank you,