H1b petetion expired


I live in India, One of the company ( Not my employer) had applied H1B for me on 2017 cap.The petetion got approved on July 2017,they said it is valid until 2018 September.

They didn’t processed it because they could not find right opportunity for me. I have never called by them for further process until now. Therefore not stamped and no travel.

My doubt is with out stamping , with out travel Beijing in India the expired approval notice i797 can be taken over by other company to re use it for their company.

Please help me to clarify. The company demanding money to provide the expired approval notice and saying I can use it for other employer.

The USCIS generally only considers an H1B applicant counted against the numerical H1B cap if s/he is physically present in the U.S. when a change of status to H1B takes effect, or if s/he is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a new H1B petition filed as cap exempt.

However there have been cases where H1B beneficiaries were granted H1B transfer of their approved but un-used H1B if it hasn’t crossed the five years unused period.

This means you may be able to transfer your H1B to an employer willing to sponsor you but the transfer will need to be initiated before July 2022. You can take a chance with your situation.