Will I be able to transfer my stamped (but not activated) H1 if I'm laid off while being outside the country?

USA H1B Visa
1

I have my H1 approved and stamped but was planning to enter the US in a couple of months. Suppose I get laid off during those months, are there any potential risks involved in transferring it to another employer? Since I already have my stamp, I’m guessing that shouldn’t be the case? Or do I have to enter the US to “activate it” and collect pay slips before being able to transfer? I’m currently on US payroll but working from outside the US.

In my scenario, is it advisable to enter the US and “activate” my h1b as soon as possible or is there no need for that? Or will I be able to transfer without even being on US soil for 1 day?

2

As your visa is stamped you may be counted against the cap so you should have no issue changing employer and still be treated cap-exempt without ever entering the US.

1 Like
3

Thank you for your response

4

in this scenario can the person enter to USA with previous employer stamped Visa?

5

Yes you can use a valid H1B visa to enter the US as far as it is valid the day you enter. This works even if you are starting H1B job with a new employer.