H1B Approved but never used or stamped.. When filling again would it hit Cap or not

[puneetaggarwal5]

Greeting!!

This question has been discussed frequently. But given the covid time and policy changes.. I am asking it here.

My H1B was approved my company A in Dec 2017. Now I am working for a company B in India. Visa was never used or stamped. In case a company C files an H1B for me, then would it go for lottery or would it be cap exempt?

[rkk09]

Hi,
If you got H1B Approval and now you want to migrate to another company then you can file H1B transfer petition, get approved then go for visa stamping with new H1B petition. It will be considered CAP exempt.
Thanks