H1-B Visa Transfer

[man_prime]

Hi All,
I recently got H1B visa stamped for position with employer X in US.

I am still in India working for my existing employer and when I told them that I am leaving, they have offered me a position in US office and continue working for them.

As I havent' started working on H1B with employer X,
1. can this visa get transfer to my current employer?
2. Do I need to re-stamp it?
3. Or Do I have to apply for new petition?

Thanks

[kabkaba]

Your current employer can file a cap-exempt petition for you. After that is approved you can use the new approval notice and existing Visa to travel to US to work for your current employer.

[shervin143]

1. can this visa get transfer to my current employer?
>>> There is no such thing as visa transfer. Only the petition can be transferred.

2. Do I need to re-stamp it?
>>> Not required. You can enter U.S with the existing H1B visa and newly approved petition.

3. Or Do I have to apply for new petition?
>>> Yes. The current employer will need to fole a new H1B petition using the CAP from the previous H1B petition and request an immediate start date. When the petition gets approved, you can travel using that petition and the existing valid H1B visa to work for that employer. It will take about 2-3 months to get the petition transferred by normal process and 15 days by premium.