Can a another employer file a cap-exempt H1B petition using a unused and unstamped H1B petition?

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?

Thanks

Check this Article How to use Cap Exempt H1B with FAQs

Yes, if an employer can get you an opportunity and you crack the interview then the employer can file your transfer.