H1B never used / not stamped , can i still use it for transfer?

Hi All,

I need your help, I had I-797 Approved (consular processing first time H1B lottery and approval). I worked for that employer on H4-EAD at that time.

Now my question is this H1B was approved couple of years ago and i am no longer working with the employer.

Can i use the H1B to transfer to another employer ? Do you see any issue with this case ?
Is it going to create any problem for stamping ?

Yes, the new employer can file cap-exempt H1B petition.

It is at discretion of the USCIS to approve or deny as you never worked on H1B and no visa stamping was done, though USCIS have approved such cases in past. So I see no issues in trying.


Thanks a lot Kalpesh