F1 -> H1B (COS) ; Transfer before Stamping Risks

[Lammer16]

So, I have some questions and doubt before I act on transfer of H1B from Employer A to Employer B. 

So, I came to USA on F1 in 2014. In 2018, I got H1B through Employer A with Change of Status (COS). I never left USA after COS. I have approved I-797 A with new I-94 attached valid till 2021. Currently I am still working for Employer A. I have F1 visa stamped on my passport currently (which is of no use now), but I don't have H1B visa stamped on my passport.

Now, this other Employer B is ready to hire me and file a H1B transfer petition. They would do this in premium processing.

Also I have travel planned to home country in next 3 months. So obviously I would need H1B stamping done once I leave US.

1. Can employer A somehow know that Employer B has filed transfer petition for me ? 
2. Is there some risk to do h1b transfer before stamping ? What if Employer A withdraws petition if they came to know about transfer somehow ?
3. Does H1B stamping protect you in some cases like this or stamping has no affect on risk factor in cases like withdrawal/revoke of petition by Employer A.

I really want to join Employer B before I travel to home-country. But won't do that if there is any risk. What would you suggest me in this case ? 

Also, I would like to thank you all for providing such great forum.

[pontevecchio]

You have to understand that A HAS TO REVOKE your H1 petition once you leave and this is the law. That has no relationship or connection to your working for B after Petition approval.

[cyberlord]

On 12/21/2019 at 2:13 PM, Lammer16 said:

So, I have some questions and doubt before I act on transfer of H1B from Employer A to Employer B. 

So, I came to USA on F1 in 2014. In 2018, I got H1B through Employer A with Change of Status (COS). I never left USA after COS. I have approved I-797 A with new I-94 attached valid till 2021. Currently I am still working for Employer A. I have F1 visa stamped on my passport currently (which is of no use now), but I don't have H1B visa stamped on my passport.

Now, this other Employer B is ready to hire me and file a H1B transfer petition. They would do this in premium processing.

Also I have travel planned to home country in next 3 months. So obviously I would need H1B stamping done once I leave US.

1. Can employer A somehow know that Employer B has filed transfer petition for me ? 
2. Is there some risk to do h1b transfer before stamping ? What if Employer A withdraws petition if they came to know about transfer somehow ?
3. Does H1B stamping protect you in some cases like this or stamping has no affect on risk factor in cases like withdrawal/revoke of petition by Employer A.

I really want to join Employer B before I travel to home-country. But won't do that if there is any risk. What would you suggest me in this case ? 

Also, I would like to thank you all for providing such great forum.

If you travel outside US without resigning from Employer A, you will have to get your H1-B visa stamped before you re-enter US.

I suggest you get your H1 transferred before your vacation, start working for Employer B and get your H1 visa stamped through Employer B during your vacation.

1. No

2. No

3. No protection. Visa stamping is just a permit for you to enter the United States based on a visa classification.