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Nea Sai

H1B Transfer to a new employer with I797 -B Approval but not stamped

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I was on my STEM OPT last year and got my H1B approved in December 2019 . I got I-797 B Approval , but it is not been stamped yet. STEm OPT has got into inactive state now. Can I apply for H1B Transfer to a new Employer with I-797 B without travelling outside the country as my current project is ending 

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No, you will need stamping done for H1 to be counted. If your OPT was inactive from Dec 2019 and you have been working then its better to talk to an attorney if this will have any negative impact. 

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Hello , Thanks for the reply. 

Fortunately, My STEM OPT can be re activated as I got Consular processing approval so OPT status is still active.

Can you please suggest if I can transfer the I797 -B approval petition [without COS]  to a new employer within 60 days when my previous employer is trying to revoke it ?

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