H1B Expired

[RajGoodwill]

Hi,
My H1B is expired on July 2015.  I was in US and working in L1 with Company A when my H1B approved (Dec 2014) from Company B (VISA approved for 6 months H1B). I couldnt join company B due to some personal reason and returned back to india in 3 months after the approval. Now working in company A in India. Though it was a change of state H1B, I haven't joined company B or used H1B.Is it eligible for H1B cap exempt through company B?

Thanks for your help,
Raj GoodWill

[shekar11#]

Looks like you were out of status because you did not work for employer B after COS to H-1 was approved. There is no option to use H-1 B or not to use it. Once COS is approved you are in H-1 status and if you did not get paid by employer B you are out of status. check with your attorney.