H1B Transfer to new employee from india

USA H1B Visa
1

Hi
Not sure if this scenario has already been discussed or shared. Need help in answering couple of questions which i have

I had my visa applied and approved for employer A - This is the current status of my petition approved in October 2020 valid till September 2023
My employer A only informed about my approval this year in Jan 2022 and helped me in getting my visa stamped in May 2022. I have my visa stamped till September 2023. I have never travelled using my H1B visa.
Now i have found a new employer B who is willing to employee me in the USA.
Questions
1- Can i transfer my visa to new Employer B or my new Employer B apply for “Change of Employer” and submit a i-129 form?
2- Has anybody gone through this similar situation? ie changing employer without even travelling to the US?
3- If anybody has gone through such process, could you please share your experience?

2

The new employer will file a cap-exempt H1B petition for you. Change of employer aka transfer petition can only be applied while the beneficiary is in the US working for H1B employer. Visa is just a travel document required to enter the US and is not tied to any employer and can’t be transferred. You hold the visa, not your employer.

Once the new petition is approved, you can travel to the US using current visa and employer B I-797 approval notice.

1 Like
3

Thank you, i have couple more questions
1-Timeline - What is the timeline we are looking at if we go through cap-exempt, does it have the premium processing
2- Lets say if employer B applies for cap exempt and it gets denied (touch wood hope it gets approved) will it impact my employer A approval and causes issues wth traveling with empoyer A job?

Again thank you for replying.