Question on H1b approval I797-B

Hello All,

I recently got my H1b approved(counselor processing) under I797-B category. I am currently planning to switch to another employer. Can the other employer apply for H1b transfer before I go abroad, get the stamping done and activate H1b? I am currently on H4 EAD status which expires on Sept 2022.

On a side note, my current employer says I cannot switch to a new employer. I have to first get the H1b activated either by going abroad to get visa stamping done or the current employee will apply for COS application. Where as the new employer is ready to do the change of status. Not sure which route to take.

Thanks for your help.

The new employer may be able to file cap-exempt petition for you with change of status. If approved, you don’t have to go for stamping.

There have been cases where USCIS have approved cap-exempt H1B petition from new employer even if the H1B beneficiary never worked for the first time sponsoring employer and no visa stamped either. So it just depends on the adjudicating officer.
There is no loss at your end to try new employer.