H1B transfer to other company


Currently I am in India. I got H1B visa and it was expired on Sept 2016 but till now I didn’t get a chance to travelled to USA and I didn’t use this visa. I have approved I-797 form in my hand.

  1. Could you please confirm, Is I am eligible for H1B transfer now?


H1b employer may file a new cap-exempt H1B ( transfer aka change of employer petition) can only happen if the beneficiary is already in the US working for H1B employer.
Though technically your H1B is considered activated if your H1B visa is stamped or you worked for H1B employer while being in the US. That said USCIS has approved cap-exempt H1B even if the beneficiary never worked for the sponsoring employer in past. So you may try and see if it gets approved under cap-exempt.