Query - H1b status

[TheLegend84]

Good Day,

I have few queries regarding the H1b Status and its transfer. Please help me with the following queries (my petition is approved and this is my first h1b application) :


1. Do we need to get the visa stamped to be in H1b status or the applicant automatically moves to h1b status from 1st October ?
2. Is it possible to transfer the visa after 1st october to a new company with only Petition Number (i.e. without Actual Receipt Notice) ?
3. What if the employer who initiated the H1b visa revokes it after 1st october , does the applicant still counted towards cap exempted and eligible for visa transfer ?

Thanks,
Ravindra

[shervin143]

1. Do we need to get the visa stamped to be in H1b status or the applicant automatically moves to h1b status from 1st October ?
>>> It depends on whether you are inside U.S or outside U.S. If you are inside U.S, did the H1B approval come with a new I-94 attached. If so, your status will automatically change to H1B on Oct 1st. If not, you will need to leave the country, get the H1B visa stamped and return back to get to H1B status.

2. Is it possible to transfer the visa after 1st october to a new company with only Petition Number (i.e. without Actual Receipt Notice) ?
>>> You will need a copy of the approval notice.

3. What if the employer who initiated the H1b visa revokes it after 1st october , does the applicant still counted towards cap exempted and eligible for visa transfer ?
>>> If you have a copy of the H1B approval notice, then you are CAP counted post Oct 1st. If the H1B was filed as a COS, then your status will change to H1B on Oct 1st and you should be working and getting paid to maintain the H1B status. Or you will be considered to be out of status on H1B and a transfer is not possible when you are out of status.