H1B employer change without travelling to usa - need advice

[rajesh_ind]

Hi

I am new to Immigration forums.

I have a stamped H1B Visa and petition Valid until 2018. I never travelled to USA.

Unfortunately my current employer is not having any projects so I have resigned and searching for a new employer in India who can file a H1B Transfer

Question 1 : Will i be considered as cap excempt(as i never travelled with current petetion)
Question 2 : Is it really possible to file a H1 transfer without travelling to USA atleast once
Question 3 : what if my current employer revokes the petition and the new employer petition gets rejected

Please advise

[raghvi]

Hi

I am new to Immigration forums.

I have a stamped H1B Visa and petition Valid until 2018. I never travelled to USA.

Unfortunately my current employer is not having any projects so I have resigned and searching for a new employer in India who can file a H1B Transfer

Question 1 : Will i be considered as cap excempt(as i never travelled with current petetion)
Question 2 : Is it really possible to file a H1 transfer without travelling to USA atleast once
Question 3 : what if my current employer revokes the petition and the new employer petition gets rejected

Please advise

1. Yes.
2. Yes.
3. It does not matter. I do hope you have a copy of the I797 with you as that will be used by next employer to prove that you are already cap counted.

This is my opinion not legal advice.

[rajesh_ind]

1. Yes.
2. Yes.
3. It does not matter. I do hope you have a copy of the I797 with you as that will be used by next employer to prove that you are already cap counted.

This is my opinion not legal advice.

Thank You very much for the reply.

Do i need to go for re stamping once again with new petition