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

USA H1B Visa
1

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.
2

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