Exemption from H-1 Quota and Visa Stamping

In 2014, My wife was working with employer "A" on L2 EAD and the employer "A" filed H1B petition in April-2014. She got approval notice in May-2014 but due to some family reasons we have to go back to India and she continues working for the same employer from India since then. Her approved H1B petition with the same employer "A" is valid till Aug-2017 and H1B visa is stamped in Dec-2016 for the same employer "A". She never traveled to the USA on that H1B visa as her employer does not have any opportunity there. Since she never traveled to the USA on her H1B visa ever, does that mean she has never granted status as an H1B Non-immigrant?

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Watch the Video on this FAQ: Exemption from H-1 quota, Visa stamped, did not join employer

Video Transcript

I personally feel once your case is approved on October 1st, you should be exempt from the quota. If you are outside the USA and you do not get a visa stamp, the government takes the position that you are not yet exempted from the H-1 quota. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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