H1 Transfer before entering to us

[mnangineni1]

hello ,

I am looking for some info , can H1 can be transfered befor eentering into US

Use case, Had a valid h1 stamping but never travelled on H1

can we change employer and file a transfer before entering into us , I tried to reach multiple forums and did not get any first hand info , any one had done this earlier

Thanks,

[flyingron]

Understand there's not really such a thing as an H1B transfer though lots of people call it that. You have to get a visa for the new employer. You do however get a pass on certain things like cap as you have already done them. What you you will do is annoy the hell out of the current employer that spent a lot of effort to get you the visa to begin with.

[Hari_Gaddam]

Hi guys, I came across this post and thought I could get some more info as I am also in the same situation. I am based in India and I have a valid H1B visa stamped in my passport. It is valid till Jan 2023. My current employer had filed for it first in H1B cap way back in 2014 and since then there had been multiple amendments, but I never got a chance to travel through my present employer for one reason or another. In other words, I never entered USA using H1B visa

Now I am almost on the verge of landing a job in a company based in USA itself. I am going to ask them to file H1B petition in cap exempt mode against the valid H1B visa that I have with me. I have 2 questions -

1. Can the new employer file petition in H1B cap-exempt mode ?

2. Do I again have to go for a fresh H1B stamping in a US consulate in India ? I am asking this because I can see present petitioner name in the stamped visa in my passport.

3. If answer to question 1 is 'Yes' and to question 2 is 'No', then at the port of entry, should I highlight to the officer that I have changed petitioner (employer) so that he can give me the correct I-94 ?

Thanks in advance.

- Hari