Transferring an unstamped H1B

USA H1B Visa
1

Hello,

I have an approved H1B petition with the I- 797B showing the petitioner validity from 10-01-2014 to 09-30-2015.

The visa was never stamped or traveled on. Hence the entire H1B duration remains unused.

I have now changed my employer. My new employer now wants to use this to file for a new transfer petition.

I therefore wanted to know,

  1. Can the new employer file a transfer under cap exempt this year when the validity of the I-797B has expired on 09-30-2015 ?

  2. If yes, and if I do get a visa in this condition, will I still be able to use my complete maximum duration of 6 years (3+3) to stay and work in US ?

Any help in this regard will be greatly appreciated

Thanks in advance,

Aditya

2
  1. This is slightly grey area. As you never had h1B stamped, you never had H1B status. If you were to get it stamped, it would have been ideal that you would have been issued H1B status and you could have transferred. You can discuss with your attorney to confirm, but this is the general guideline.
  2. If you were to be eligible, then you would…