H1b stamped -> travelled on h4 -> want to transfer H1b from Employer1 to Employer2.

[rsharma3108]

Hi!

I have H1b stamped for employer1. But I never travelled on that visa and due to family issues I travelled to U.S on dependent visa H4. Currently my visa status is H4, but want to transfer my existing h1b to employer2. Can this be done without travelling back to India? I had never worked on my H1b before. Please suggest.

[rsharma3108]

Members please help.

[raghvi]

Yes it is possible as long as the H1 petition was filed in last 6 Years. Any new employer can file a cap exempt H1 petition and request for a Change of Status from H4 to H1. If approved, you would get a new I-94 without the need to go out of US. You also must realize that if H4 to H1 COS (Change Of Status) is approved, you must work with the H1 employer and get paid as per LCA.

This is my opinion not legal advice.