UNUSED H1B PETITION UNDER CAP EXEMPT

Hi,

I have an Approved H1B petition filed by previous Employer in 2008 and this was valid from 1st OCT 2009 to 1st SEP 2011. Also I got H1B Visa stamped in my passport but I never travelled to USA using this Visa and this Visa stamp was cancelled by previous Employer when I left the organization. Now I got an offer from one of the Desi company located in USA. They told that my H1B petition is valid to transfer it so we are ready to file the LCA by month of January once the project is ready for you. And Also they are asking me to pay for the Attorney fee around 1000 to 1500 dollars.



 



Now My Question is,



 



1.       is my existing expired H1B petition is valid to transfer it to other Employer under cap exempt this year while I’m India and also not used this petition before.



 



2.        If it is possible then how long I can use this to file under H1B cap exempt.



 



Please advise me to proceed further.



 



Thanks,



 



Kamal
  1. yes, transfer is possible

  2. U will be Cap-Exempt for 6 years from the year it’s filed

Thank you very much for your reply. I heard from many employers saying yours is not cap exempt because you never initiated the Visa and traveled to USA before the H1B petition expires as per the Approval Notice. Please confirm as earliest since i’m going to pay for Attorney fees. If it’s not possible then i will lose the Attorney fees.

U are Cap-Exempt even if the petition is revoked/withdrawn for 6 years from the year filed.

Once ur application is selected in lottery and ur petition is unused, the USCIS is not going to fill that position. So U r Cap-Exempt no matter what

U are Cap-Exempt even if the petition is revoked/withdrawn for 6 years from the year filed.

Once ur application is selected in lottery and ur petition is unused, the USCIS is not going to fill that position. So U r Cap-Exempt no matter what

And if it’s filed in 2008. This is the last year… So get the Cap-Exempt petition filed before 2014 April or so

Thanks for the detailed explanation. can you let me know how the 6 year petition period is calculated from USICS end.

I am not sure how it is calculated. It might be based on the Lottery date or Approval date… So better get it filed before April

If interested in H1 Transfer ,You can send resume at rmehta1@rangtech.com

can you please let us know what happened to your case? help a brother out! thanks!