H1B Transfer after Petition Approval - Without Working on it

[sivakumar19851]

Hi Forum,

My Scenario
Was in US till Feb 2012 on L1B
Company A has sponsored H1B in Nov 2011 which got approved in Mar 2012(Stamping has not been done yet)
Now I am in India, Company A does not have any Job Offer

Now I got a Job Offer from Company B

Company B Attorney has mentioned the below
"Since you never actually worked on your cap subject H-1B, that H-1B is considered abandoned or never activated. It would be as if the H-1 was never filed, for that reason we are unable to reclaim the status for you."

In many forums I recieved the response H1 Transfer is possible even when you haven't worked on that H1, without pay stubs.

Can Anyone point out the H1B Clause which say H1B transfer is possible before actually working on it?

Thanks,
Siva

[shervin143]

It is quite possible to use the CAP from the previous H1B approval notice irrespective of whether you have used that H1B petition or not. Consult a good immigration attorney who can point you to the correct documents on this. Or find an employer who has a proper immigration team who can take care of this.