H-1B Cap Exempt Query

[Vamsi Pallikala]

Hello Team, 

I had my H-1B approved and my Visa Stamped in January 2018 from Employer A. But I never entered USA on that visa.

In October 2019, I had entered the United States on a L-1B visa from Employer B. I quit my job in July 2023. 

I currently applied for H4 and EAD to maintain legal status in July 2023. 

A company is willing to transfer my unused H-1B now. Will I be cap-exempt and can I use my H-1B visa stamped in 2018 now ? Please note I had my H-1B stamped but never used it. 

[Zodiac System]

If a company is willing to transfer your unused H-1B now, you will be cap-exempt.   

Your H1b visa stamped in 2018 should have an expiry date mentioned on it.  It is five years now.  I dont think this visa is active any more.  

[JoeF]

If you got the H1 visa stamp you should be cap-exempt.

The rule is that you have to start working on the H1 or at least gotten the visa stamp to be considered counted for the quota.

Edited December 6, 2023 by JoeF

[Vamsi Pallikala]

Thank You Very Much ! Yes The Visa did expire. But a company is willing to transfer my H1 now. So I should be good and I hope there is no limit that I need to use this H1B before 6 years from the date mentioned on I797 ? Is my understanding correct ?

[Zodiac System]

20 hours ago, Vamsi Pallikala said:

Thank You Very Much ! Yes The Visa did expire. But a company is willing to transfer my H1 now. So I should be good and I hope there is no limit that I need to use this H1B before 6 years from the date mentioned on I797 ? Is my understanding correct ?

Once your company transfers your H1b, you will have to go for a new visa stamp to a US consulate in India.  This will allow you to enter US, after which, your six year clock on H1b would start.