can H1B unapporved & RFE be transferred to new employer?

[mskumar2015]

Hi,

Would like to know, can an UNAPPROVED (RFE pending) H1B be transferred to a new employer?

does it qualify as a cap exempt when the current H1B is not approved at all!

Candidate is on H4 visa and in USA.

[JoeF]

No. You are only considered counted for the quota if the H1 is approved and you have started working for the employer.

Right now, there is nothing to transfer.

[mskumar2015]

thank you, appreciate your response.