H1B transfer with consular approved H1B

[J1enquiry]

Greetings,

I'm currently working on H4-EAD with Company A and I also have consular approved H1B with the same company which I didn't start yet. Now, I have got a better job offer from Company B and I'm looking to switch to Company B. I have few questions regarding this :

1. I'm planning to remain in H4-EAD with Company B, my question is will my approved H1B with Company A is still transferrable if I decide to go on H1B in  the future.

or

2. The Company B has to apply for a new H1B application ? In this case, can I able to do the H1B transfer for the consular approved H1B from Company A to B ?

 

Thanks

[User099]

Since consular processing, it won't take effect till you get visa and come back. You cant transfer it as far as I know. New employer will again have to file a cap subject case and you will loose the old H1. 

[Attorney_15]

Generally, a person with a cap-subject H1B approval is not counted against the cap until they have at least obtained a visa stamp based on the H1B approval. While a "transfer" petition might be filed with the consular processing approval notice, USCIS may not approve it if the beneficiary has not been counted against the cap. In other non-cap situations, what can / not be done will vary based on the person's circumstances,