Unused, Unstamped, Approved and Expired H1B petition - eligibility for CAP Exemption

[go2prashant]

Thanks for answering very fast. So you mean again I have to go thru lottery process?

1. You cannot.
2. No need.

An employer can file a new, cap-exempt petition for you, and once that has been approved, you can go for stamping.

[scientist2016]

Thanks for answering very fast. So you mean again I have to go thru lottery process?

No. You can get an employer to file a cap-exempt petition for you. But you cannot use the existing expired petition for stamping.

[Sukanta_garai]

Hi Prashant, May I know if you were able to successfully use your old H1B petition? Thanks!

[rakherockz]

Hi,

I'm working for a hospital on cap-exempt H1B from April, 2018. A consulting firm applied H1B in the lottery and it got picked and approved. I have the soft copy of cap H1B approved I797 petition. It is approved from October 1, 2020 to September 30, 2021. Can I transfer the cap approved H1B petition to another private company after October 1, 2020 without working for the consulting firm who applied it even after the is expired i.e. September 30, 2021?

Thanks in advance