Can unused expired H1B petition be withdrawn by employer

USA H1B
#1

Hi,

I have an H1B petition which expired in Dec 2016. It was not used for stamping ( I could not use it because of personal issues). I am leaving my current employer, who sponsored my H1 B petition.
Will my current employer be able to withdraw the petition, even if it is expired?
Will I be eligible for cap exempt if the employers withdraws the petition?

#2

Legally, you can try the H1B transfer with new employer.

It depends on the USCIS officer. They may or may not approve it.

In some cases, they claim that since you never used it, you were not counted in that year’s H1B cap and hence they may not approve the H1B transfer.

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