H1B approved petition (Not Stamped) Transfer

[bluefly]

I am having a doubt regarding a scenario which I am facing.

My H1B 2014 cap petition has been approved (valid from 1st Oct 2013). This is my first time visa approval and I have still not entered US. Stamping of the visa is still pending. Now, I will be changing my company from company A(H1B sponser) to company B.


I am having copies of the following docs. Orignials won't be given by company A, also petition might be revoked once I am released from company A.
I-797B, I-797C, I-129, LCA

Please let me know if company 'B' can raise a cap-exempt petition quoting this receipt number? Am I eligible for the 6 years cap exempt waiver?

[kadkhiq81]

H1B approved petition (Not Stamped) Transfer

Yes, You are eligible for cap exemption and can transfer your petition to your new employer.

Few more suggestions..

1. If your current company is a big IT giant and if your new employer is an IT consultancy company, then I would recommend to go for the stamping first for your current company as it will be easy to get through your current company compare to an IT consultancy company.

It's my opinion.

[bluefly]

Thanks for the reply. But would like to clarify my doubt in detail. Please refer the below inline attached i-129 snapshot.


"
Numerical Cap Limitation Exemption information

The beneficiary of this petiton: (1) was previosuly granted status as an H-1B nonimmigrant in the past 6 years, (2) is applying from abroad to reclaim the remaining portion of the six years, or (3)....

"

So which of the (1) (2) is applicable?
Also what is definition of H1B status (approval, stamping or entry to US)?