H1B transfer without the visa stamp

Hello, My case is unique and I need help from the members of the forum and admin. I got picked in the lottery and got the I-797 approval notice from Employer A, but I left Employer A without the Visa stamp. Now I am employed with Employer B, which is planning to send me to the US with my current I-797. I want to know the process. Can I transfer my I797 to Employer B and go for a visa interview for stamping?

Employer B can file cap-exempt H1B petition for you and once approved you can go for stamping.

Thanks, Kalpesh.

  1. How much time does it usually take to get approval?
  2. While filing the petition with Employer A, I haven’t added my wife. Can I add it now while filing a petition through Employer B?
  3. I am eligible for an interview waiver as I have a B1/B2 visa. My wife doesn’t have a US visa. She will also be eligible for an interview waiver? Please shed some light and would be helpful if could give me the steps to follow.

If filed with premium processing, 15 days. Otherwise, you will need to check processing time for the USCIS center processing your petition.


Your wife can use your approved I-797 for H4 visa stamping.

First time H4 applicant who have not hold any US visa in past may not be eligible for IW.