H1B Transfer using cap exempt

Hi Anil,

My H1B petition got approved and stamping was not done. It is more than 8 years petition got approved.
Please let me is it possible to transfer H1B using cap-exempt category and go for stamping with the new employer.

1 Like

Hi Anil,

Please reply.

You have not mentioned what status you have currently.

@Kalpesh_Dalwadi has shared the right information based on what you have written.

Hi Anil,

Case is currently in approved state and not stamped. So not spent even a day on H1B status. Can another employer file for H1B cap exempt petition for H1B transfer?

It is likely that USCIS will not allow the transfer and may deny it based on the fact that it was never used/activated and hence you were never counted against the cap.

Its a 50-50 chance.

Thanks Anil for the information.