H1b Stamping with previous unused H1b visa


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Hi Forum Members

My I-129 petition has been filed by an US based employer on June 5th under the regular processing mode and still it is in Initial review.

Little briefing about my H1 background, i got the H1b visa stamped in 2008 June but i never make a travel to US with my family conditions at that time and subsequently in 2009 the employer sponsored at that time has withdrawn the petition.

Now after the new petition filed in this year by a different employer got approved, and at the visa interview time what kind of questions may come on the previous unused visa and petition revocation by earlier employer.

Currently i am on EC model with a direct client.

Kindly post your experiences....


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  • 1 month later...

Hi Sudhakar,

Can you please reply to my below query. Looks like I am on same path as you.


I got a job offer to work in US last year and my H1B petition was filed and approved in the month of November 2011 by Employer “A”. The petition got approved till Oct 2014. But due to time delays by employer “A” and good work opportunity here in UK; I decided to stay put here in UK and I am still working in UK. I never went for US Visa stamping to work with employer “A” .

Now I am interviewed by a different US employer “B” and they want to go ahead with Job offer and want to file for a H1 petition for myself.

My query is: Will my new employer (“B”) be able to file for cap exempted H1B petition as I already have an original approved H1 petition from last year.

I did some search on forms and I can see this is possible, but I don't see any clear wordings on USCIS website. Also, do you know someone who got this h1 transferred like my condition?

Also, I just now called USCIS Vermont Office and as the per the customer service's lady - My new employer "B" will not be able to file H1B petition with cap-exemption as I have not started my H1 Status with employer "A".

Do you know anyone who has gone through same process or any legal document which states the same?



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