H-1B approved under consular processing. Options if I want to transfer before stamping?


My H-1B got approved recently under consular processing (I-797B). My STEM extension is valid up to June 2021, so I have not yet switched to my H-1B status. Say I change my employer after a few weeks without switching to H-1B status (by going for stamping to a consulate). Can this new employer file another CAP exempt H-1B petition for me, as I already have I-797B approved till October 2022? Or will I lose my currently approved I-797B and have to go through the lottery process again? Also, should this new petition (if it can be filed) also be consular processing, or can be COS too? Please let me know. Thanks!

This is slightly grey area. There are situations, where USCIS has asked, you never had H1B Status to be cap exempt. Usually, if you get H1B Stamping, or applied for COS and you get H1B status, then it is for sure that you have been counted for cap…There are some success, where someone were able to transfer as well without stamping, but there are issues as well, where USCIS asked the above question on status and not tagged as cap exempt. Ideally, you should get visa stamping done and leverage your H1B status for future cap exempt situation.