Consular H1B transfer

USA H1B Visa
1

Hi,

I have an approved H1B petition from an employer in the USA and I am currently in India working for an Indian employer.

My visa stamping interview is scheduled for Feb 2023.

Is it possible for me to transfer my approved H1B petition to a new employer before getting my visa stamped maybe like an amendment sort of ?

If yes, is it a good idea in terms of whether USCIS would approve this transfer petition?

Thanks

2

Change of employer petition aka transfer is only possible while the beneficiary is already in the US working for H1B employer.
In your case the H1B employer can file new cap-exempt petition however USCIS may not approve it as your H1B is not activated either by H1B stamping or working for the H1B employer.
That said there are cases where USCIS has approved cap-exempt H1B even if the beneficiary never worked for the H1B sponsoring employer.

1 Like
3

Thank you for the prompt reply. Appreciate it.

But just another question, will the denial of the new cap-exempt petition in anyway affect the current employer’s approved petition like making it void?

Thanks in advance