Can an employer do H1 transfer if we have a H1b visa which was never used


giridhar806

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I have a cousin who is in India had an H1b visa stamped 8 years ago and never came to USA after the stamping (due to employers lost a bid in that contract). If he wants to come to USA now, does he needs to go through the new H1b process which he needs to wait till April or can an employer can transfer any time if he finds a project?

any information on this is much appreciated.

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I have a cousin who is in India had an H1b visa stamped 8 years ago and never came to USA after the stamping (due to employers lost a bid in that contract). If he wants to come to USA now, does he needs to go through the new H1b process which he needs to wait till April or can an employer can transfer any time if he finds a project?

any information on this is much appreciated.

He is cap exempt and an employer can file a cap exempt H1B petition anytime to get approval. Also, it is not his responsibility to look for a project bur employer's responsibility.

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