H-1B Cap Exempt Query

Recommended Posts

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. 

Link to comment
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.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.