H1B petition transfer unstamped unused expired


deendayalrajak

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I am having  valid H1B petition (I797) from Company A (validity from 1 Oct 2015 to 30 Sep 2016). I have not went for stamping in this period and it expired on 30 Sep 2016. I have soft copy of I797 with me. Company A did not revoked the petition. Currently in USCIS website  petition is in  “Case was Approved” status. Now I changed my job and working with company B. My h1b is not stamped, so i never traveled to USA. Can company B file a new H1B under Cap (quota) Exemption on basis of exiting petition (Company A petition) as per US immigration law. please let me know the eligibility criteria and whole process to file H1B petition in cap exemption.

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