H1B transfer before entering US

[h1bseeker1984]

Hello Gurus,

I need your advice on my situation.

An employer filed for my H1b this year in FY2013 cap and got it approved. Moreover, I got it stamped as well now. Now a different company is willing to offer me a full-time job which brings me to these questions

1) Can I get my H1B transferred while in India to this new company even though I have got it stamped with the previous employer. Also, I have no pay stubs with the previous employer

2) Could this create a problem at the port of entry when I travel in October..a new petition and visa stamp with the old petition

3) Can we transfer the H1B without working for the previous employer

Will appreciate any help

Thanks

[Attorney_22]

Generally speaking, a new employer can file a non-cap-subject H1B petition on your behalf for consular processing. Since you have already been counted against the Cap, but the employment has not yet begun, your new employer will need to enclose a copy of your previous H1B Approval Notice. Once the H1B is approved you will travel to the U.S. pursuant to the new offer of employment. Unlike an I-797 H1B Approval Notice which is tied to a specific employer and position, an H1B visa is tied to the status. Therefore, you may utilize a valid H1B visa for multiple approved H1B employers. If you have additional questions it is advisable to speak to a qualified U.S. immigration attorney.