Can i transfer my H1B visa to another employer with out stamping (I am in india)

Hi All,

Thanks for reading this query. My case might be a bit different.

  1. My case was approved in 2017.
  2. Due to high rejection rates, my employer send me to visa interview on May 2018 only.
  3. I got 221g in visa interview.
  4. In Jan 2019 i got mail from US Embassy Mumabi to submit the passports for final processing.
  5. But currently i am out of india(not in US), so could not submit my passport for stamping.
  6. I am planning to go to India in May 2019 and submit my passport for stamping from my current employer (Say employer A).
  7. But now i have a new problem. I got to know that my employer is having some legal issues in US, so it is a high risk to go to US with my employer (Understand that i have to leave my current job and go to US).
  8. So, the current situation is, i have to submit my passport for H1B visa stamping.(I have my I797 also)
  9. But my question is “CAN I TRANSFER MY H1B VISA TO ANOTHER GENUINE EMPLOYER NOW? WITH OUT GOING FOR STAMPING… OR I SHOULD GO FOR STAMPING FIRST FROM MY CURRENT EMPLOYER AND THEN ONLY I CAN TRANSFER TO ANOTHER EMPLOYER (SAY EMPLOYER B)?”. I am not interested to leave my current job, go to US with my current employer and face some legal issue. Please advice me your valuable suggestions or experiences. Thank you.

Yes, you can have another US employer file a non-cap H1B visa without your current visa stamped into your passport.