Has Previous Employers H1B Petition with no VISA stamp in Passport and Changed Employer recently

Hi There… Can you guys share the information on below situation?

One of my friend has H1B approved petition but he recently changed employer. In March 2021 the petition got expired. Can that ne amended or renewed by his current employer? Or he has to start H1B process from scratch?

Thanks,
Sasi

Your post is not clear enough.You are saying he has approved petition and then saying it expired in March 2021?

Is your friend in India or US?

Assuming your friend is in India and had H1B approved but no visa stamped that means it was never activated. To be considered against the cap, H1B needs to be activated either by H1B stamp if in India or by joining the H1B employer if the person is in the US and doing change of status.

His new employer may file a new cap-exempt petition for your friend however it depends on the adjudicating officer whether they may approve or deny.

Sorry for not clearly mentioned in the post. Yes he is in India and when he was with his previous employer, they filed H1B but he did not get a chance to go for a Stamp. And the petition was expired on March 2021 and he changed his employer.

So My question is, if he wants to apply for H1B with current employer, the previous H1B petition can be used in any way OR he has to start the H1B process again with a fresh petition or with the previous petition can be used anyway?

I already replied. Copy-paste from above with some more clarification…

To be considered against the cap, H1B needs to be activated either by H1B stamp if in India or by joining the H1B employer if the person is in the US and doing change of status.

His new employer may file a new cap-exempt petition (using his H1B approval from ex-employer) for your friend however it depends on the adjudicating officer whether they may approve or deny.

If they deny, his current employer will have to apply in the lottery (cap-subject) again.

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Thank you for the detailed information