Approved H1B(first time ) but never activated. Is it valid for transfer?


I am currently on L1 and I have an approved H1B valid till 2023. But, it was a consular processing application so I have not gone outside the US and activated/stamped yet. So, I have not spent even a day on H1B status. If I leave my employer now and move out of the country, Can another employer file for H1B cap exempt petition anytime before 2023?

See this:

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@anil_am22 Does this situation hold true for me as well? My only concern is I will be leaving country on L1 status and not H1 status. Is the H1 still cap exempt?

But, in this post the person has spent on H1 status in the US. I have not spend even a single day on H1 status.

It depends on the USCIS officer as to how they look at the situation.

Legally, you can file the transfer but then in some cases, USCIS claims that since you never activated your H1B, you were never counted in the cap and hence they can’t consider your transfer.

That’s why it is always better to activate the H1B to make sure that you are counted against the cap and then do whatever you want to do next.


+1… Activation would have been good. Else, it’s at discretion or mood of the person processing. It can go either way from here…


Can another employer file for COS + transfer if I am still on L1 status and in the US?