H4 to H1B (approved and stamped)

[MeetKK]

Situation is like this:

My spouse is currently on H4 status in the US (as per the most recent I94). She also has an approved and stamped H1B visa applied by her employer in 2023. Now she has resigned and is searching for an US based employer who can get her visa transferred. Her H1B has not yet started as she entered in the US on H4. Here are my questions based on 2 scenarios:

Scenario 1: Once she leaves her current employer and is no longer employed, then what happens to her H1B visa? Will she still be eligible for H1B transfer if applied by another US employer after a gap of few months in employment? 

Scenario 2: Can she start working in the US on the same H1B after a gap of a year or does she has to go in the H1B lottery again?

[pontevecchio]

H1 status is irrelevant when working abroad

Nothing gets transferred. It is a new H1 petition, noncap.

Since she has a visa stamp based on H1 petition approval, she would be considered cap counted and hence she could look for a new H1 sponsor to file an H1 Petition for her.

[D Sharma]

I have similar situation, where H1B is stamped but never used. If the Visa stamped on the passport, expires, then one needs a new stamping with new I-797 approval notice to enter the country. However if the Visa stamped is not expired, can I use the stamped Visa from previous employer and new approved (re-filed) I-797 from new employer and enter the country?

[Attorney_24]

Yes, you can use the valid H-1B visa stamp with the previous employer along with the I-797 approval notice with the new employer to enter the U.S.