Hello All,
I recently got my H1b approved(counselor processing) under I797-B category. I am currently planning to switch to another employer. Can the other employer apply for H1b transfer before I go abroad and get the stamping done? I am currently on H4 EAD status which expires on Sept 2022.
Thanks for your help.
Your H1B isn’t considered activated until you get a visa stamp and/or work for the sponsoring employer. So USCIS may deny the transfer under cap-exempt.
That said, there have been cases where USCIS has approved transfer of H1B and extension under cap-exempt even if the beneficiary never worked for the sponsoring employer. So you can try and see if it gets approved.