Need Fresh H1B Visa Stamping after Petition Transfer while still in India ?

[jayaraman.shanmugam]

Hi,
I could get exact answers for some of my concerns. Someone help me on this.

I got fresh H1B approved from Employer A and H1B Visa also stamped. I am still in India. I never traveled US on H1B.

Meanwhile, I got an offer from Company B (India based) and they are ready to transfer my H1B petition (Still in India!). But Employer B is saying that the H1B visa need not to be stamped again for Employer B. I can use the same old visa. I have 3 questions as follows.

1. Can I travel to US with the same visa (from Employer A) to work with Employer B. Will I get any problem in the Port-of-Entry ? Is this legal ?
2. If I go for visa stamping again for the company B, will the visa be approved ? Because I never traveled to US, but changed my company.
3. Can the H1B petition be transferred? Because I am not currently in H1B status nor in US.

Please help to sort out this concerns

Thanks in Advance!

[raghvi]

Hi,
I could get exact answers for some of my concerns. Someone help me on this.

I got fresh H1B approved from Employer A and H1B Visa also stamped. I am still in India. I never traveled US on H1B.

Meanwhile, I got an offer from Company B (India based) and they are ready to transfer my H1B petition (Still in India!). But Employer B is saying that the H1B visa need not to be stamped again for Employer B. I can use the same old visa. I have 3 questions as follows.

1. Can I travel to US with the same visa (from Employer A) to work with Employer B. Will I get any problem in the Port-of-Entry ? Is this legal ?
2. If I go for visa stamping again for the company B, will the visa be approved ? Because I never traveled to US, but changed my company.
3. Can the H1B petition be transferred? Because I am not currently in H1B status nor in US.

Please help to sort out this concerns

Thanks in Advance!

1. Yes you can go. Though you do not need B's name on the visa, you still need a I797 with B's name on it.
2. It will be if B is a genuine employer and can provide the supporting documentation.
3. Yes it can be.

This is my opinion not legal advice.