H1b stamped but never traveled -- cap exempt

[vnikh]

Hi,

I have granted h1b visa in 2014 and my approved h1b petition with*employer "A" is valid till Aug-2017. My h1b visa is stamped in Dec-2016 for the same employer "A" but*I have never traveled to USA on my current h1b visa with employer "A" as they do not have any opportunity there. Currently I am in India.

My question is:

1. If I come to USA on H4 (my spouse is currently in USA on h1b) and find another employer "B" and he files a new h1b petition for me then will that petition come under cap exempt or I have go through lottery again?

[raghvi]

Hi,

I have granted h1b visa in 2014 and my approved h1b petition with*employer "A" is valid till Aug-2017. My h1b visa is stamped in Dec-2016 for the same employer "A" but*I have never traveled to USA on my current h1b visa with employer "A" as they do not have any opportunity there. Currently I am in India.

My question is:

1. If I come to USA on H4 (my spouse is currently in USA on h1b) and find another employer "B" and he files a new h1b petition for me then will that petition come under cap exempt or I have go through lottery again?

You would be cap exempt and need not go through a lottery.

This is my opinion not legal advice.