H1B stamped never used, H1B Cap application

USA H1B Visa
1

Hello Experts,

I have a situation where I think this portal is best place to seek help.

I am working for an employer A in India. Meanwhile I got offer from US employer B and got the h1b visa stamped. Due to some reason did not join B and never traveled and continued with A.

Somehow employer A does not want to file Cap Exempt (Transfer) rather wants to file new fresh CAP application.

My doubt : If selected in Lottery, will USCIS reject on the basis of it is not filed with CAP exempt method?

Can u please share some inputs… thanks much

2

You can again through the cap again even though you have an approved petition from B.

3

Thanks, actually I was told that either USCIS will reject the petition saying or they will return saying apply for transfer scenario.

So do you mean to say if picked up in lottery USCIS treats it as a separate application?

Thanks again

4

Yes, that is my understanding. There could be several reasons why someone who has a previously approved petition may still decide to go through the cap - for example, to reset the clock etc. USCIS is not going to stop someone from doing so.