H1B Transfer outside US and and travel with already existing visa stamp

[SiriP]

Hi Community,

I was in the USA till 2018 on H1b with Employer A and my extension was denied in 2018 and we didn't refile the extension for some family reasons and I relocated back to India to the same company. I had I-140 approved in 2017.

In 2020, Employer A again filed h1b extension in the consular process and it was approved till 2023 April. I also went to stamping and got a visa stamp till 2023 April. After visa stamped, my project got scrapped for some reason. Employer A got another USA project but no requirement to on-site.

Can I apply for h1b transfer from employer A to employer B in the consular process (I am outside the USA now) and travel to the USA with an existing visa stamp (Employer A consular h1b receipt)?

 

Edited September 20, 2021 by SiriP
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[LeaveMessageH1B]

On 9/20/2021 at 10:18 AM, SiriP said:

Can I apply for h1b transfer from employer A to employer B in the consular process

Yes, once approved, travel with B documents. 

On 9/20/2021 at 10:18 AM, SiriP said:

travel to the USA with an existing visa stamp (Employer A consular h1b receipt)?

Some may opine this option, but I am not sure about successful entry when you have no onsite job requirement from A.

[SiriP]

On 9/21/2021 at 3:24 PM, Leavemessageh1b said:

Yes, once approved, travel with B documents. 

Some may opine this option, but I am not sure about successful entry when you have no onsite job requirement from A.

You misunderstand the question. In the visa stamp, it had employer A name and receipt no.

So my question is "can I travel without going to visa interview again and show the Employer B h1b approval copy and other employer letters at the port of the entry?"

[LeaveMessageH1B]

11 hours ago, SiriP said:

You misunderstand the question. In the visa stamp, it had employer A name and receipt no.

I did not. Please read my response to 2nd quoted question, if you read the answer few times it will make sense.  

[JoeF]

You can travel with an existing, valid visa and the approval notice of the new employer.

[pontevecchio]

The word "Transfer" does not apply to your case. B needs to file and get an H1 petition approved and you can use the existing visa and the approval from B to come over.

[H1-BGuy]

New employer should file H1-B petition again and once it is approved, You can enter United States with Visa stamp from old employer. Make sure to carry all the necessary documentation from your new employer to support your case at POE.