I797 recieved, Stamping not done; leaving employer


I have recieved my I-797B (Case type: I-129 - Petition for a non immigrant worker) copy for approved petition from USA on green paper from my employer. Consulates are closed due to Corona issues. Stamping is not happening.

I am serving notice period and have few days left.

My petition is valid till 2024.

Now, my question is: Would it be possible for me to utilize my H1B petition if i leave my present employer and join some other company?
though i do not have stamping done on my passport; but all i have is LCA details and approved petition copy.

few of my collegues are sharing that i can go ahead and join new employer which is good and can utlize my petition for H1B travel at some later point in time before expiry of petition which is 2024.

Can someone please guide me if this is possible. else is there a way i can find out this information from some immegration department or something to be very sure?

I am not in US and has never travelled to US before.

While i do not wish to loose my H1B visa i do not wish to loose good employment offer i have in hand. what are possible options for me?

any additional input will be appreciated.


Yes you can transfer your H1B to another employer under cap-exempt however USCIS may or may not approve as your H1B was technically not activated by visa stamping and traveling to the US to work for the sponsoring employer. It just depends on the adjudicating officer.

This is a gray area and as far as I know , it is not defined clearly in the USCIS rule book.

Note that your current employer who filed your H1B may withdraw the petition once you leave however you should be able to utilize it for cap-exempt change of employer aka H1B transfer petition.