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0 votes
Hi Saurabh,

I have an approved H1B petition valid till this Year. I got that through a Consultancy back in 2012, but haven't gone for Visa Stamping due to personal reasons and so never worked in the US. I hear that using this petition another employer can file a cap-exempt new H1B  petition ,though I have not worked in the USA using H1B in the past.

Is it possible for a new employer to file a cap-exempt H1B petition using my current petition so that I can travel to the US and work there this year if recruited ?


One more question, if i happen to find a employer, say a month after the expiry of this petition, still a new employer can file a cap-exempt petition?


asked in H1B Visa by (160 points)

2 Answers

+1 vote
answered by (3.1k points)
0 votes
Yes, if an employer can get you an opportunity and you crack the interview then the employer can file your transfer.
answered by (1.2k points)

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