H1B petition approved but not used since 2008, can it be used by a new employer for transfer

[H1buser007]

Need an advice for my wife’s H1B petition. She got her H1B petition approved in 2008, which was valid from 2008 to 2011, we tried to do a stamping that time were not successful. Post that she has travelled on H4 and stayed in US from 2007 to 2013. We went back for good in 2013. However now we are planning to move again to US next year. Her earier employer does not exist. So my question is if the earlier petition which has been unused, if it can be transferred to another employer and can be used for the 6 yrs duration . Or if any another other suggestion to utilize the previous approval she had received.

[pontevecchio]

She will need to go through the lottery process since she did not get the visa stamp.

[JoeF]

If she did not get the visa stamp she is not considered counted for the quota and the H1 is lost.

A new employer can file an H1 for her in the next lottery.

[vshelar]

@pontevecchio@JoeF

Hi,

I have similar Situation for my H1B Transfer, I highly appreciate your help on this.

My H1B petition was first approved in OCT 2016 for 1 year till DEC 2017. On this visa, I travelled to USA & stayed  till 30 APRIL 2018. My Visa got expired on 31 DEC 2017, The JAN 2018 to APRIL 2018 stay was on grace period as my extension was filed but my RFE was not answered by my employer.

I returned to India in APR 2018 and since then i am in India and  never travelled to USA.

Now today i am with new employer, I would like to use same H1B's unused time i.e. (4Yrs 9 Months ). 

So My questions are as below;

1.  Am i eligible for CAP Exempt H1B transfer and Extension ?

2.  Some says that as i was not in any US status in last 6 Year( DEC 2017 till today) i can not apply it for H1B CAP exempt. is that true? 

 

Thank you.