H1b from employer 'A' could it be trasfered to new employer 'B' with out Visa stamping of employer 'A' ?

Got H1b approved on 08-Jan-2016 from employer ‘A’ not got VISA stamping yet from ‘A’ and not travelled yet on this H1b.My questions are

1)Can I transfer this approved H1b-I797 petition from employer ‘A’ to other employer ‘B’ with out Visa stamping of employer ‘A’ ?

2)My H1b petition will expire on 07-Jan-2017 ,only 7 months left and Visa stamping also not done from Parent employer ‘A’ .Can my parent company ‘A’ go for its extension beyond 07-Jan-207 ?

  1. Yes. B can file for cap-exempt petition even when you don’t have A’s visa stamp or have not traveled to US

  2. Yes, A can file for extension even after the current petition expires

Hi Saurabh, thanks a lot for ans.
What is the timeline and procedure for getting extension of H1b petition beyond approval date of 07-Jan-2017.It is approved for one year initially.

Employer has to file H-1 petition just like he did initially. The only additional document they need to submit is copy of current approval notice to show that it is cap-exempt.

Processing can take 2-6 months (USCIS is pretty slow these days).

As you are outside US, it can be done anytime now, whenever employer is ready to do the paperwork.

Thanks Saurabh.Are you practicing attorney ? If so can we get your services needed ? please proved your email or contacts .

I am not an attorney and none of this is legal advice.