H1B Transfer while administrative processing

[cfuture]

Hi,

My H1B petition was approved this year. I went for the stamping, case officer took I797 and returned the passport. He did not give me any slip but told me that they will call me after 2 weeks for passport submission. Online status shows Administrative Processing.

Can i apply for H1B transfer with some other company? My origional I797 is with consulate, i am not sure when they will return that to me and i am not even sure if they will grant me the visa or not. Shall i proceed with the transfer? or wait for the decision (which i am thinking is risky)?

Appreciate your suggestions

[shervin143]

You can proceed with the transfer. Technically there is no such thing as transfer. Transfer is another new H1B petition for another employer but you will be exempted from CAP since you already secured one. So no issues. Once approved, you still get to choose which employer to work.

[cfuture]

You can proceed with the transfer. Technically there is no such thing as transfer. Transfer is another new H1B petition for another employer but you will be exempted from CAP since you already secured one. So no issues. Once approved, you still get to choose which employer to work.

Thanks a lot,
What about original I797? It's still with Consulate. Will i need it for new cap-exempt h1b petition? or during new/second interview? or during landing?
Or will i get a another I797 from new employer after the new petition is approved?

Thanks in advance,

[shervin143]

What about original I797? It's still with Consulate. Will i need it for new cap-exempt h1b petition? or during new/second interview? or during landing?
>>> If you have a copy of the previous petition, that is enough. Original is needed only if you travelling to work for that employer. If your visa gets approved, they will return your original back. To file a transfer, a copy is enough.

Or will i get a another I797 from new employer after the new petition is approved?
>>> You will get a new I-797 when the transfer gets approved.

[cfuture]

What about original I797? It's still with Consulate. Will i need it for new cap-exempt h1b petition? or during new/second interview? or during landing?
>>> If you have a copy of the previous petition, that is enough. Original is needed only if you travelling to work for that employer. If your visa gets approved, they will return your original back. To file a transfer, a copy is enough.

Or will i get a another I797 from new employer after the new petition is approved?
>>> You will get a new I-797 when the transfer gets approved.

Thanks a lot,