H1B not enetered in usa + visa stamped.

[abhishek9]

Hello everybody,

I have got my H1B stamped in 2008 and can fly to usa by oct 2008 but due to recession, my employer cannot put me in any project. Now he will be cancelling visa from his side. Can you please tell me,
1. whether I can transfer visa to some other employer or not?
2. I do not have any pay stubs but I posses I-797 from the previous employer. What are the legal complications with transfer?
3. Would I have to file a new H1B? Will that fall under cap quota?

Regards,
Abhi

[shervin143]

1. whether I can transfer visa to some other employer or not?
>>>> Yes you can. It is not considered a transfer. It will be a new H1B petition from your new employer that is not subject to cap.

2. I do not have any pay stubs but I posses I-797 from the previous employer. What are the legal complications with transfer?
>>>> You don't need paystubs if you have never travelled to U.S to work for this employer.

3. Would I have to file a new H1B? Will that fall under cap quota?
>>>> You can't file anything by yourself. Your new employer will have to file a new petition. But you will not be subjected to cap since you are already cap counted.