H1b transfer in India and Visa

USA H1B Visa
1

Hi,

I have an approved I140 from my previous employer. Currently I am in India and my current employer filed an H1 extension based on my I140. Now I have an approved I797 from current employer which is valid from Sep 2022 to Aug 2025. I have US Visa also stamped on my passports with validity same as in I797.
However my current employer doesn’t have an suitable opening in US for my role and they are delaying my travel and not giving any timeline.
My queries are:
a) If I get a job offer in US from another employer, can they hire me for the US job and do an H1 transfer?
b) If the H1 transfer is successful, do i need to again get Visa stamped or I can travel to US with same Visa which I have right now with validity until Aug-2025.

Please advise.

Thanks

2

Yes. Technically speaking change of employer aka transfer petition is applied if the H1B beneficiary is already in the US. In your case the new employer can apply for cap-exempt H1B petition with AC21 extension based on approved I-140.

You can use your current visa to travel to the US as far as it remains valid as of your date of entry in the US.

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