H1 Transfer in India before stamping

Please advise on my case. I filed my H1 visa through one of the consultants in US. Unfortunately, I got to know that the project got scrapped. Now, can I safely transfer my H1 before stamping to another employer whom I know personally ?

They have a direct long term project for me. Its a direct client hiring. I am still in India.

This way, I will have a better employer to work for without any chances of visa rejection at the window.

Please advise as i need to take this decision soon and get the paperwork ready.

Thanks in advance.

Yes, the other employer can file a cap-exempt petition for you. Once approved, you can enter US to work for them. Visa stamping is mandatory if the old visa stamp doesn’t exist or has expired.

Thanks for the revert Saurabh. Is there a safe time frame I should wait for before opting for H1 transfer or I can immediately file for H1 transfer once H1 is approved ?

I mean, legally I guess I can transfer immediately but what would you suggest. Also, I doubt if my employer will share the I797 with me ( Although , I do have the receipt number).


Do you know if the employer will issue payslips and run payroll soon after H-1 is activated?

If you are asking about the new employer, YES, He will be issuing me pay slips as soon as I land in USA. He is an ex-employer of mine and has a project ready for me.

If you are asking about the employer who filed my H1, NO, as I am still in India.

Then the new employer should apply for H-1 cap-exempt while you are still in India. Once approved travel to US through new employer and work for them.

Just 1 last question. Can the new employer file immediately after the visa is approved ? That won’t be an issue during the stamping right ?

Yes, the new petition can be applied as soon as the current petition has been approved.