New approved H1B but cannot join company

[LonelyRider]

Hello,
Please help me to tackle the situation

I had an L1 from company A which was valid from June 2013 to June 2016. I travelled to US on Jan 2014, worked for company A and returned back to India on Dec 2015. I tried for H1 through company B once I reached India and it got picked in lottery and currently it is approved from 2016-2018. I received an email from company B asking me to join in a month.

In the mean while, my situation changed and I would not be able to travel to US atleast for next 2 years due to personal reasons. But, I do not want to miss this approved petition if in case I wanted to travel after 2 years. So, here are my questions

1. How long is this approved petition valid for CAP exemption? I remember it to be 6 years. So, is it counted from 2016 or 2018?
2. what are the documents which I have to collect from company B so that I can use it for cap exemption after 2 years?
3. Is it good to get the H1 visa stamped and then not join the company or is it safe to just collect documents needed and not to go for visa stamping?
4. Because I have been in L1 visa at US for 2 years, is it that I can use this H1 petition for a max period of another 4 year with cap exemption?

Thanks a lot in advance for all your valuable suggestions.

[raghvi]

Hello,
Please help me to tackle the situation

I had an L1 from company A which was valid from June 2013 to June 2016. I travelled to US on Jan 2014, worked for company A and returned back to India on Dec 2015. I tried for H1 through company B once I reached India and it got picked in lottery and currently it is approved from 2016-2018. I received an email from company B asking me to join in a month.

In the mean while, my situation changed and I would not be able to travel to US atleast for next 2 years due to personal reasons. But, I do not want to miss this approved petition if in case I wanted to travel after 2 years. So, here are my questions

1. How long is this approved petition valid for CAP exemption? I remember it to be 6 years. So, is it counted from 2016 or 2018?
2. what are the documents which I have to collect from company B so that I can use it for cap exemption after 2 years?
3. Is it good to get the H1 visa stamped and then not join the company or is it safe to just collect documents needed and not to go for visa stamping?
4. Because I have been in L1 visa at US for 2 years, is it that I can use this H1 petition for a max period of another 4 year with cap exemption?

Thanks a lot in advance for all your valuable suggestions.

1. From 2016 till 2022 unless the laws change.
2. You need the I797 approval notice.
3. Ethically and morally not correct thing to do.
4. Assuming your H1 was applied in April 2016, that is before your 1 Year outsdie US stay complete, then yes, I would say only max 4 Years. But if you can get employer to file your GC in timely manner, the same H1 can be extended beyond those 4 Years.

This is my opinion not legal advice.