H1B expired- cap exemption

[pmkv_2014]

Hi

My H1B was approved on 20-Sep-2006

First time H1 B rejected due to missing papers.

2nd attempt - H1B stamped on Aug 1, 2008.

Petition valid till 30 Sep, 2009

 

I have never travelled and used the H1B.

 

Now , can I get the cap exemption for H1B now?

Do I need to get H1B stamping ?

Can I go to company B for H1B transfer in this case ?

 

But my first company said it is expired .

 

Thanks in advance,

Arun

[jairichi]

Hi

My H1B was approved on 20-Sep-2006

First time H1 B rejected due to missing papers.

2nd attempt - H1B stamped on Aug 1, 2008.

Petition valid till 30 Sep, 2009

 

I have never travelled and used the H1B.

 

Now , can I get the cap exemption for H1B now?

Do I need to get H1B stamping ?

Can I go to company B for H1B transfer in this case ?

 

But my first company said it is expired .

 

Thanks in advance,

Arun

New employer files anytime a cap exempt H1B petition based on being counted against cap once. After approval with a valid H1B visa and new employer's I797 you can enter US and start working immediately.