H1B Transfer without stamping

[penname]

Hi, I am currently in US on H4. My H1B was approved and is valid from Oct,2009. But my company didn't get me a job/project till date and didn't give me I-797. So i don't have H1B stamped. So to summarize, my H1B is approved, but I don't have I-797, paystub or I-797, I just have the petition number.
Is it possible to transfer my H1B visa in this case? Since my H1B is already counted in 2009 quota, will INS have any objection at my H1B transfer to another company which has a project for me?

Thanks

[shervin143]

You are out of status from Oct 1st. H1B transfer is not possible when you are OOS. You will require latest pay slips for transfer. You will have issues later if you are OOS for a long time. Read this when you have time.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-em...int-procedure/

[penname]

I am not out of status. My H1B approval was consular process i.e. unless I goto my home country for stamping, I will continue to be on H4.
My employer won't give me the paper work to go for stamping unless i get a project. So i am stuck with H4 visa unless i get a project or i somehow can transfer it to another company.

[shervin143]

You will need atleast the receipt number of the H1B approval notice to prove that you are already CAP counted. Most companies will ask for a copy of the existing H1B approval notice before applying a transfer.

[penname]

yes, I have the I-797 EAC number but don't have the actual copy of the I-797. Is it possible to transfer with that receipt number only but without paystub and stamping?

[shervin143]

If you were never on H1B status, then there is no need for pay slips. Visa is just an entry document. That is not required for transfer.