H1b Approval Transfer

[iceman28]

All,

I have my H1B approval(I-797A) from employer X and the stamping is not yet done. So the approved H1B is never used.

Currently i'm based in India and have a job offer from another employer Y based in US. Can I use the H1B approval from employer X to transfer it to employer Y, since i have not yet started working in the US and b/c of that I don have any pay stubs, Or do I need a fresh H1B application for employer Y?

Thanks.

[shervin143]

Transfer is nothing but a new H1B petition on the old CAP. Just give the new employer a copy of the previous H1B approval notice and they can file a new H1B petition under the old CAP and request an immediate start date. The only difference between this and a fresh H1B petition is that you don't have to wait until Oct 1st to start. If the petition gets approved immediately, then you can get the visa stamped using that petition and travel to U.S to work for the employer.

[Iceman]

Thanks a lot shervin.