Strange H1B query

[coolmesh84]

Hi folks,
I got my first H1B stamped recently but I've not had an opportunity to travel to US so far. I strongly feel travel opportunity with my current employer is going to be very less or non - existent in the near future.

Can I change my employer now? If so do i have to file a new H1B petition with my new employer? or simply a H1B transfer petition is enough.

Quite simply, do I have to be IN US to file a transfer petition?

Thanks

[happybuddha]

Hi folks,
I got my first H1B stamped recently but I've not had an opportunity to travel to US so far. I strongly feel travel opportunity with my current employer is going to be very less or non - existent in the near future.

Can I change my employer now? If so do i have to file a new H1B petition with my new employer? or simply a H1B transfer petition is enough.

Quite simply, do I have to be IN US to file a transfer petition?

Thanks

Any other employer can file a cap exempt petition for you (there is no such thing as transfer). You do not have to be IN US for this.

[kabkaba]

The new employer will have to a file a petition like mentioned above, but that will be exempt from annual cap. After that is approved, you can use the same Visa in your passport with the new petition to travel to US and work for this new employer.