h4 to h1b and immediate h1b transfer to new employer

[Peresh1113]

I came to USA, quitting my job in India, by end of March 2013.

I have 8+ years of experience in IT industry. After reaching USA, I applied for H1B though a known consulting company. My H1B is currently approved and validity is from Oct 1 2013 to Sep 30 2016.
A reputed company has offered me a full time job but they are not ready for sub-contracting. The package is good.

New Company has agreed to transfer H1B with premium processing (cap exempt) but they are suggesting me to India for visa stamping.
My concern here is
1. Is stamping really necessary for Visa amendment? 

2. What are the chances of visa rejection during stamping if I go now or later to India?
3. Since I havent started working in USA, is it advisable to go for H1B transfer considering the offer is good. ?
4. What are the chances of the H1B transfer rejection by the US embassy?
5. If i do not start working by Nov 1 2013, will my current H1B approval become invalid?
Please share your opinion. I m totally confused.

[jairichi]

I came to USA, quitting my job in India, by end of March 2013.

I have 8+ years of experience in IT industry. After reaching USA, I applied for H1B though a known consulting company. My H1B is currently approved and validity is from Oct 1 2013 to Sep 30 2016.

A reputed company has offered me a full time job but they are not ready for sub-contracting. The package is good.

New Company has agreed to transfer H1B with premium processing (cap exempt) but they are suggesting me to India for visa stamping.

My concern here is

1. Is stamping really necessary for Visa amendment? 

2. What are the chances of visa rejection during stamping if I go now or later to India?

3. Since I havent started working in USA, is it advisable to go for H1B transfer considering the offer is good. ?

4. What are the chances of the H1B transfer rejection by the US embassy?

5. If i do not start working by Nov 1 2013, will my current H1B approval become invalid?

Please share your opinion. I m totally confused.

(1) As you are in US a new employer can apply a cap exempt H1B petition and as long as you stay in US no stamping is required. Only when you leave US and want to re-enter if you do not have an unexpired H1B visa you need to go for stamping.

(2) Depends on your employer and your credentials.

(3) Yes, wht not?

(4) Same as answer 2.

(5) If your H1B was approved as change of status you have to start working by 1st october 2013. Otherwise you are out of status.My suggestion for you would be to start working for your consultant and ask your new employer to file a cap exempt H1B petition under premium processing and on approval you can start working for new employer.