H1B Visa stamped, not travelled yet. Can another employer transfer my petition?

[chivivmaan]

Got my H1B visa stamped last month in Sept 2015 and not have traveled yet to US.

I am willing to change my current job and wanted to know if another employer can file/transfer the existing petition?

What will happen if the current employer withdraws the approved petition, can the petition be still filed/transferred with a new employer?

[shervin143]

In recent times, there have been multiple RFEs issued by USCIS when a person tries to transfer a new CAP subjected petition without ever working for the employer. However, some people are successful in getting that RFE cleared post Oct 1st. This used to be possible without any issues until last year. Since this is a new development, you will have to try and figure out for yourself.

Even if the petition is withdrawn by the employer (Post Oct 1st) you can file a transfer with a new employer using a copy of the approval notice. If any employer is willing to do the transfer, i would suggest you to go with it.

[chivivmaan]

Thank you Shervin143 for your prompt response.

I have few more questions in regards to your response.
When another employer applies for the new petition/transfer, what documents will be required from my side from my existing employer?
Do I have to again get VISA stamped if the petition is withdrawn by the current employer?

[shervin143]

When another employer applies for the new petition/transfer, what documents will be required from my side from my existing employer?
>>> The same set of documents that you gave your current H1B sponsor when they field your H1B under CAP + a copy of all your H1B approval notice.

Do I have to again get VISA stamped if the petition is withdrawn by the current employer?
>>> Not required. You can use the current visa with the new employer's approval notice to travel.

[h1bvisaguy]

I'm also in same boat.. please help me

Hi Chivivmaan/Shervin123 - I got my H1B visa stamped on Oct 2015 but never travelled. My visa valid till May 2018. I'm planning to change my employer and they ready to do H1B transfer as well. Can you please let me know if you got any RFEs during the transfer and other issues if there any? Any of your experience on this will be a great help to me. Please do the needful.

Thanks in advance.