Consular H1B employer amendment and activation at the same time - currently not stamped

[JLK]

Hello All,

I am J and I have my H1B approved on consular process in August 2022 but haven't gotten stamped yet. I am planning to change my employer. If I have an agreement/conversation with my current employer requesting him not to withdraw my H1B, can I transfer/amend my H1B to a new employer along with activating it/change of status at the same time. Please let me know if anyone has an answer/direction on this.

[Attorney_20]

If the H1B approval from August 2022 is a cap subject petition, you would first need to apply for the H1B visa stamp based on the job offer with that employer first.  Then you could subsequently transfer to a different employer.  If the job with the cap subject employer no longer exists, you will need to apply in another H1B lottery.