Unused H1b Petition - Transfer and cap exception


sanisani

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Dear Sirs, Here is my case:

My prospective employer had filed H1b petition in 2008 and got it approved. It expired in 2011 Sept. I had never used it for US travel. I did not try to stamp it.

(1) An unstamped H1b petition (if NOT expired/ if expired) can be transferred to a new emplyer ? any complications involved?

(2) Is my un stamped petition eligible for cap exception . I read from forums and other articles that if a petition is not utilized , with in 6 years of approval one should be eligible for out of cap exceptions. Can some one clarify this?

(3) What is the best use of my un-stamped petition , if want to travel to US on H1 b ?

On searching the internet forums I found conflicting answers. I wanted to clarify these through this forum.

Regards

Sani

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