H1B CAP exempt when never travelled to US on approved petition


Though I have seen replies on this previously but thought of confirming once again.

[b]I have H1B petition approved for 2009 CAP(approved in 2008 June) and VISA stamping has been done in October 2008(3 years/expired),I never travelled to US.Many places every one replied I can find a new client&employer and transfer H1B to new employer with CAP exempt.Even I checked in USIC site,there it says H1B worker previously subject to CAP will be exempted for 6 years(though he didn't mention about travel).[/b]

Please can you clarify again?One guy in this forum(I think Gobinathb) is confusing giving negative answer that it can't be CAP exempted,same guy replies in one place that it is possible to come under CAP exempt.I request that gentle man not confuse people if you are not sure on answer as it creates lot of unwanted tension to candiates depending on this reply.

I request some one to PLEASE reply me if you are sure and seen the cases like this already.

thanks very much for your response in advance.



You are cap exempt for H1B transfer. Travel is just to calculate your 6 year stay when you come to US.