urgent help!! approved consular H1B transfer

USA H1B Visa
1

I am currently on L1 visa for company “XX”. my H1B got selected in 2016 lottery which is applied by company “XX” and it got RFE on 10/06/2016.after H1B is selected I had traveled to India during may 2016 for new L1 visa stamping as old L1 visa is expired.company “XX” announced lay offs and i may get laid off OR asked to go back and will be on company “XX” payroll till end of December 2016.is the current H1B which is unapproved with RFE can be transferred to another company “YY” and will be able to work for “YY” immediatley?

also attorney of company “XX” informed me on 10/14/2016 that RFE can be cleared but “The only thing personal to you is that they observed your trip to India(L1 visa stamping), so they will not be granting an I-94 with change of status in the US. You would need to travel and stamp with the H-1B to get into H-1B status.”.

assuming that compnay “XX” H1B will be approved, can this be transferred to another employer “YY”?
even if it gets transferred, is it possible to start working for new Company “YY” on this H1B immediately with out getting stamped in home country? OR
do i need to travel to India for stamping and then only i can start working for new company “YY”?
is there anyway i can avoid travel to India and start working on this H1B ASAP?

2

Under process H1B petitions or H1 petitions with RFE cannot be transferred to another company. The company YY has to file fresh petition for you.

Yes , if the XX H1b gets approved, you can transfer it to another company YY.

Yes, if the Change of status is also approved along with the H1B transfer petition. Change of status is a separate application, your new employer YY can file to move you from L1 to H1 status within USA. If H1B transfer gets approved and the change of status does not get approved, you will have to exit USA and get H1 visa stamped to start working with your new employer YY. If Change of status is approved, you can start working for YY as soon it is approved.

3

thank you for the response and appreciate it.