Question details
Can a new employer file an H-1B transfer if a previous H-1B was approved under consular processing but never activated?
ANSWER
FAQ Transcript
If a prior H-1B petition was approved for consular processing and was never activated (by entering the U.S. on that visa), USCIS may view the individual as still subject to the numerical cap/lottery. However, if a subsequent Change of Status petition was approved with a future start date, a new employer can attempt to file an H-1B transfer prior to that start date.