Hi, I am currently in India and my H1B petition got approved through company-A. But I have not done my visa stamping yet. My question is that can I change my company to company-B before the visa stamping, with my current approved petition? Thanks
Yes you can. Technically your H1B is considered activated and counted against the cap if either your visa is stamped and/or you have worked for the first time sponsoring employer.
That said , USCIS has approved cases and counted as cap-exempt eve if there was no visa stamping.
In cases like yours , the new employer will file a new cap-exempt H1B petition. Once approved you will need to go for visa stamping.
Thank you for the response. So you’re saying that my case can be filed by new employer as cap-exempt, right?
That is exactly what I mentioned.