H1B Transfer after Petition Approval - Without Working on it

Hi Forum,


My Scenario

Was in US till Feb 2012 on L1B

Company A has sponsored H1B in Nov 2011 which got approved in Mar 2012(Stamping has not been done yet)

Now I am in India, Company A does not have any Job Offer


Now I got a Job Offer from Company B


Company B Attorney has mentioned the below 

"Since you never actually worked on your cap subject H-1B, that H-1B is considered abandoned or never activated. It would be as if the H-1 was never filed, for that reason we are unable to reclaim the status for you."


In many forums I recieved the response H1 Transfer is possible even when you haven't worked on that H1, without pay stubs.


Can Anyone point out the H1B Clause which say H1B transfer is possible before actually working on it?




I am surprised to see this response from the attorney. I know one of my friends whose H1B transfer happened without stamping from company A.

I have another question:

I have H1B stamped for company A and i have not traveled so far to US on this H1B( i am in india as of now). Now, I have offer from company B. Will the visa transfer be an issue? I donot think this should be and i am not aware of anything like H1 activation necessary for VISA transfer. Kindly suggest.

Your H1-B transfer is possible. But only advantage is that you will be quota exempt. It is a significant advantage since the quota is already over for the current year.

But you need to go through petiton filing -> approval -> stamping again. That might be the reason for attoerney’s reply.