H1b cap exempt - got query

Hello Team,

One of the consultant got H1 back in 2008. He used only 4 months of his H1 and went back to his home country, never visited US again. Now if we file his H1 will he fall under CAP exempt?? Please advise.


This should be a cap-exempt as there is no limit to capture the remainder of H1B 6 year time.

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Thank you for the help

Hi, I got H1B visa stamped in 2016 but not travelled to US. My previous employer who filed the H1B is privately owned. is it possible to transfer the visa to new employer without lottery again now?

Yes. Technically speaking the new employer can file a new cap-exempt H1B petition meaning your petition will be exempt from lottery process.