Can a fresh unused Visa be transferred outside US- urgent

[aspirantal]

Hi All,

I have received a H1 B Visa stamping from one of the employers who directly recruited me from the US in this year ( 2012 -2013 ).

I am currently working for a company in india who after realizing that I will leaving for the above company, offered me the same benefits & package at their US location. My question is about whether my current employer in india can transfer the H1 B visa which is valid until 2015 to their name from outside US ( india ) and will it also be cap exempt as I havent travelled to the US on this visa?

I am worried that if my visa isnt cap exempt to be able to apply from my employer in india, I might have to wait until next October to be able to start working in the US.

Any quick information regarding this would be deeply appreciated.

Thanks

[kabkaba]

Your employer can file a cap-exempt petition for you and you can travel to US after it gets approved and work for them. New Visa will not be needed.

[aspirantal]

Thanks for the reply ,
Did you mean to say that I don't need to go for the interview again ?

Thanks,

[aspirantal]

Thanks for the reply ,
Did you mean to say that I don't need to go for the interview again ?

Thanks,

I just spoke to an immigration attorney using a phone consultation facility,
He said that if my current employer files a premium petition and should the petition be approved, I should be able to travel to the US using the new I 797 with the existing H1 B Stamping , but again he mentioned this differs from attorney to attorney on how they claim your status to be. Its not a 100 % sureshot thin