H1B transfer without working for an original visa sponsor

USA H1B Visa
1

Hi everyone,

I used to work for the company A in the US, and I was not selected for the 1st H1B lottery, so I had no choice but to come back to my country. But in August, the company A emailed me that I was selected for the 2nd lottery and they have a job offer for me.
I accepted, and now I’m processing H1B in abroad (not in the US I mean).
But I don’t want to go back to the company A.
Can I transfer to another company after the visa is approved and get stamped, but before I enter the USA?
If possible, what will be my chance to get H1B transfer be approved?
I’m worried because some say it will be very low because I don’t have record working for the company A after H1B approval.

Any experience sharing and advice will be appreciated.

Thank you.

2

Change of employer petition (aka transfer) can only be applied if you are already working with a H1B employer and present in the US.
However, in your scenario a new H1B employer can file for a cap-exempt petition based on prior approval of H1B.

3

Thank you for the answer, Kalpesh!
So it means what I will do is not a transfer, but just a new petiotion without lottery?
In this case, is there a possibility to be refused?
If refused, will my H1B approval be revoked?

4

Why do you think it will be refused, logic?