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H1B transfer - Visa not yet stamped

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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. 

 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 my help in this regard will be greatly appreciated 

Thanks in advance,


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The petition expiry date is irrelevant. New rules mandate first working for the initial H1 sponsor or the Cap subject H1 is gone. Just say














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#1. Yes

#2. Yes

Note: Please note that this is not a legal advise but just my opinion.

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