Since last two years I have been working in USA on L1b Visa under employer “A”. Last year another employer B has filed my H1B which was picked, and I had received approval notice on Feb-2019. Though the H1B visa had gone under consular processing due to a travel I made to my home country in May-2018. Now per my employer “B” I must have to go to India to get H1b stamped before I may work for him. At same time another employer “C” approached me proposing much better benefits. Is there a way employer “C” can transfer my H1b and I may start working for him without travelling to my home country to get H1b stamped?
This is slightly a grey area. The reason is your H1B is not activated or you never had H1B status. You usually get it when you work on H1B or get stamping. Having said that, there are cases, where some users were able to do transfer without either of these…so, it is slightly grey area and depends on the officers… Now, you could potentially try to apply for H1B transfer with Change of status with Employer C. If USCIS treats your petition as cap exempt, irrespective of not having H1B status in the past, then you should be able to work without going to India as it will be COS.
Thank you Kumar for comments. Interim, I am also trying to get in touch with attorney to get the legal advice and I’ll post my comments once I connect with them.