H1b transfer after approval before stamping

[narayanp]

Hi,

I have an H1B approval notice I-797 that is valid till september 2012 from company X. I am in India and have not stamped the H1B visa.

1) Can this H1B approval notice be transferred to another company?

2) Is stamping of H1B visa a pre-requisite for H1B transfer?

Please let me know.

[kabkaba]

Your new employer can file a cap-exempt petition with immediate start date using the previous employer's approval notice. It does not matter that you don't have the visa in your passport. After new employer's petition is approved, you can apply for the Visa at a consulate and if approved travel to the US.