H1b Stamped but never used. Again filing CAP based

myvisah1b

By myvisah1b,
in H1B : Portability Issues

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myvisah1b Newbie

myvisah1b

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I have a situation where I think this portal is best place to seek help.

I am working for an employer A in India. Meanwhile I got offer from US employer B and got the h1b visa stamped. Due to some reason did not join B and never traveled and continued with A.

Somehow employer A does not want to file Cap Exempt (Transfer) rather wants to file new fresh CAP application.

My doubt : If selected in Lottery, will USCIS reject on the basis of it is not filed with CAP exempt method? 

Can u please share some inputs.. thanks much

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