H1B: feasibility for Employer change without VISA stamped

Hi Anil,

Good evening! My sister is working with IBM in India and residing in India. Her H1B is initiated in 2017 by her employer (IBM)and she got an approval notice with a validity of 10/01/2017- 06/29/2020. Due to personal reasons she did not show interest during that time and her employer also not initiated for VISA stamping. Now her I797 got expired.

Can she transfer her H1B from IBM to an new employer in out of cap or in any manner and can she travel with a valid stamping with new employer ?

Please advise

Replying on behalf of Anil :slight_smile:

H1B transfer from employer A to B generally happens when the candidate is in the US and while their I797 is still valid.
In your sister’s case the new employer can file a new H1B petition under cap-exempt as she had previously approved H1B. She will need to apply for visa based on the new I797 before she can travel to the US.