H1B Visa transfer without stamping not done

[arun_ph]

I have applied for H1B Visa from my current employer X, and the petition is approved on 19-Apr -13 by USCIS .Currently I have not done the stamping process and residing in India. My query is :- Can I now change the employer from X to Y and then go for the stamping process and then travel to US. Please provide me the clarification.

[raghvi]

I have applied for H1B Visa from my current employer X, and the petition is approved on 19-Apr -13 by USCIS .Currently I have not done the stamping process and residing in India. My query is :- Can I now change the employer from X to Y and then go for the stamping process and then travel to US. Please provide me the clarification.

Yes it is possible. Provide the approved petition copy to the new employer and they can file a cap exempt petition for you. Once their petition is approved, it will come with its own I797, you can take the new I797 and other supporting documents such as client letter etc and attend the visa interview.

This is my opinion not legal advice.

[arun_ph]

Is there any timeframe

Thanks Raghvi for the response

Does cap exempt H1B visa means, that I don't need to start the filing process from scratch. Please provide me more details.

Can you please let me know when can I apply for that cap exempt H1B visa. Is there any specified timeframe for that?

[KD_007]

Hi Raghvi

One question here - Is "H1 petition copy" a set of documents OR is it just a number?

Cheers!

[raghvi]

I797 - Notice of Action is a document issued by USCIS to the employer/attorney. There are sample images https://www.immihelp.com/h1b1-visa-a...ice-of-action/

The receipt number is the one starting with EAC/WAC etc at the upper left hand corner.

This is my opinion not legal advice.