H1B Stamped, not travelled, employer cancelled, can I reapply in Cap exempt from other employer


I have new H1B Visa stamped on passport (Visa stamped in FY 2013).

I never travelled to US before. No US work experience. No SSN. Now employer wishing to cancel H1B visa. Can new employer reapply for my H1B as Cap Exempt?


This question has been asked before. Yes, you are cap exempt for 7 years from date of approval. Please note that employer is required to notify USCIS by law if they are unable to find a project for you so it is not being done out of anger or prejudice, they can’t help it.

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO, USA. www.chu.edu; sshankar@chu.edu

Hi Shankar,

Thanks for the reply. My reason for asking this question is: My employer has done it out of anger as I was not complying to his unreasonable demand for paying for my travel to US and buying own hardware for client work. He would be giving a reason on the lines that I am unwilling to travel to US. Could you clarify how this might change the situation in my case.

You are cap exempt and continue to be in the category. The employer giving a reason that you are unwilling to travel will show negatively on their record and not yours. Your situation stays the same and is unaffected if they are unhappy that you are asking them to pay for airfare and equipment for work. All the best