H1B transfer after Oct 1 from India

Hi All,

Seem to have lot of confusion.

Got a consultancy (A) file H1B for me this year, got approved.

Have not stamped it and not travelled to US .

Can a new consultancy/employer (B) file H1B (cap exempt) for me after Oct 1 ?

Some members have given suggestion that I need to work for consultancy (A) before I can initiate the transfer , which would mean that I will have to travel US and then do the transfer. Do not want to follow that route since new employer has a proper project in US . I do not have to search for project there.

Have anyone been in a case similar to mine and successfully changed employer ?


In the past it was allowed to transfer H1 even before stamping but its a fairly new change, hence not all of us are sure about it.

The USCIS generally only considers an H1B applicant counted against the numerical H1B cap

  1. if he is physically present in the U.S. when a change of status to H1B takes effect, or

  2. if he is issued an H1B visa from a U.S. consulate abroad.

Absent one of the above, the USCIS may deny a new H1B petition filed as cap exempt. However, I have seen situations where USCIS has approved the H1B petition as cap exempt after disclosing that no visa was issued. It all comes down to how your attorney would present the case. If I were you, I would ask employer B to initiate the visa transfer and only once it is approved I would join them. Hope this helps.