Recapturing H1B if never used it and before 6 years

USA H1B Visa
1

Hi,

I was approved for H1B in 2016, worked a few months in cap-gap OPT but went to get a Masters without using my H1B. After graduation in 2018, worked for a few months in OPT and then left the country. In 2022 came back for another masters and currently working in OPT again. Can a new employer recapture my unused H1B time i.e. entirety of 3 years?

2

Yes, once approved under cap-subject a new employer can file for H1B under cap-exempt with change of status from F1 to H1B and recapture all unused time.

3

Thank you Kalpesh for your response.
Does it matter if I never activated my H1B i.e. never left the country to get visa stamped as I was still under cap-gap before switching to F-1 again…

4

USCIS have approved such cases in past so nothing to lose in trying.