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LucioS

Is it possible to “transfer” an expired and not used H1B I-797B petition to another employer if 6 year cap is not over?

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Is it possible to “transfer” an expired and not used H1B I-797B petition to another employer if 6 year cap is not over?

My H1B Visa, sponsored by company A, was approved in 2017, and once I have received the I-797-B notice of approval, the visa was stamped  in my passport. I am outside the US, this H1B visa was never used by me, and it is now expired as of a week ago (petition valid from 2017 to Sep-2020).

I now have an opportunity to work in company B in the US. Can company B sponsor me, and file a new H1B petition via I-129 form without going through the lottery? I heard that since I’m within a 6 year period since the visa was approved I am cap exempt. Is that true? Even if my I-797 petition/visa is already expired?

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The 6 year period has nothing to do with it. Since you have the H1 visa stamped, you are considered cap counted and hence have a total of 6 years in H1 status left intact. Did B not know that your H1 visa stamp was obtained? Stay away from the process. Tell B that you are interested and let them do the necessary. Make sure it is a legit company.

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6 hours ago, pontevecchio said:

The 6 year period has nothing to do with it. Since you have the H1 visa stamped, you are considered cap counted and hence have a total of 6 years in H1 status left intact. Did B not know that your H1 visa stamp was obtained? Stay away from the process. Tell B that you are interested and let them do the necessary. Make sure it is a legit company.

Hi pontevecchio,

So, in your opinion, I don't have to go over the lottery again, which is a very good thing, because then company B can submit a new request without having to wait for such specific dates.

Yes, company B knows that I have the H1B from company A stamped, but the person I'm negotiation with (in company B), first would like to clarify these questions and make a good case internally, before going to his Legal Department. Also, the other main concern, as mentioned in my original post, is the fact that my current H1B was never used, and it is already expired.

Thank you for your reply.

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