EAD: Can I file H1B with a new company and transfer to H1B from EAD

[india2us2013]

My company applied for my GC & during labor approval I got an enquiry. During the process my H1B for 6 years got expired in June 2012 & I moved to EAD sponsored from my spouse.

Now my I-140 got approved in 02/2013 so the company has applied for my H1B.

As per the lawyer, "We can file for H1B petition for you based on your approved I-140, but it will be filed for consular processing, meaning next time you travel outside of the US, you will have to get your H1B visa stamped in your passport and re-enter the US in H1B status."

So the question is once I get my H1B , can i transfer my H1 to the new company without going out of the country? can I get H1B stamped with the new company

Thanks

[pontevecchio]

Once you come back in H1 status you can of course change employers. A valid H1 visa stamp is valid for a new employer too. In any case why do you assume your spouses GC application is weak?