H1 b Approval and visa never used but have new offer now

[varun1]

Hello,

if someone had a h1b approval(was subjected to cap) ,got it stamped and now both approval and visa expired without being used and never entered USA. A new employer is ready to file new H1 B.

My question is whether the new application is subject to cap

Thanks

[txh1b]

Read the FAQs. Remainder option. You are not subject to cap if the approval was in the past 6 years.

[varun1]

Thanks for your reply,

From the FAQ i gathered that the reminder option is for people who have used some part of the full 6 year period and so can claim the reminder option

But in this case the employee has never been to USA and not used a single day of the previous approval or 3 yr H1 visa

Thanks

[txh1b]

Still possible.