H1B visa expired without utilising it

[a4ansuman]

I had an approved H1B petition which expired just 3 months back. But unfortunately I couldn’t utilise it to travel to US for jobs within the entire validity period. So now will I be considered as a H1B cap exempt in this case? Can I approach another employer to transfer my petition without going through the H1B lottery process again?

[JoeF]

Did you get an H1 visa stamp? If not, the H1 is gone.

[Zodiac System]

Did you go for stamping?  There are different views by different attorneys in this type of a situation.  Better to consult an attorney.  Good Luck.

[a4ansuman]

On 6/14/2023 at 7:02 AM, JoeF said:

Did you get an H1 visa stamp? If not, the H1 is gone.

Yeah I got the stamping as well which expired 3 months back along with the petition. What should I do now? Can I approach another employer?

Edited June 15, 2023 by a4ansuman
Added few more questions.

[a4ansuman]

18 hours ago, Zodiac System said:

Did you go for stamping?  There are different views by different attorneys in this type of a situation.  Better to consult an attorney.  Good Luck.

Yes. I had a valid stamping which got expired along with the petition. What should I do next?

[Zodiac System]

I think this H1b can be transferred to a new employer, without you going into lottery again.  Good Luck.

[JoeF]

On 6/15/2023 at 6:53 AM, a4ansuman said:

Yeah I got the stamping as well which expired 3 months back along with the petition. What should I do now? Can I approach another employer?

Then it should be possible to get a transfer to another employer.

Getting the visa stamp means that you are counted for the quota and you don't have to go through the lottery again.

Edited June 22, 2023 by JoeF