Can I transfer my H1B petition to new employer? Im still in INDIA.

My H1B Petition is approved and valid till June 2014. Im yet to go for Stamping. But my current employer is not willing to send me to US. Can I transfer my H1B Visa to new employer, if they are willing to send me to US?

I think you can transfer an approved H1B to any other employer.

You can always transfer you H1B. Your new employer needs to file a new H1B with cap exempt (means current yeat quota does not apply in your case).

It take from 2 months to 6 months generally and if they can, your case can be filed as premium process and you wil get the approval in 15 calendar days.

You need to go for stamping once your petition is approved and you get a new I-797.

Best of luck.

Hey Deepak/Sujith
Does this mean the new employer has to file for H1B petition yet againg paying the total H1B fee(around–3K). Only benefit of existing petition is it can get me the cap extension? I am confused on the above answer… I appreciate the clarification…

Yes Sury.
Technically your new employer is going to do exactly the same process what your present employer did for your first time application. Only difference is, in case of ‘H-1B Transfer’ (when approved H1B approval is provided), the cap is not counted.

I am confused…Here H1B approved means? is it H1B Petition approved or H1B visa approved. I am also in same situation, for me H1B Petition approved, didn’t have visa…please clarify

Yes. It cab be done. Contact me.

U can go for Transfer or Cap-Exempt petition… Find an employer who can do it