H1B Transfer on I797B

[s.bal22]

Hi All,

I have a valid H1B visa, I-94 till Sep 2010 but I have I797B instead of I797A. I entered US in Jan 08 and have worked for the same employer who filed my H1B. I want to go for H1B transfer to another employer but I am skeptical as I have I797B, My questions are:

Would it be a problem to transfer H1B on I797B?
Do I have to leave the country in any case to get a new I-94?

I read in these forums that :

I797B – is issued to those who have never been to the usa or to those who;s change of status cannot be approved. this means you are qualified for the job but your change of status cannot be approved to stay and work in the USA for two reasons:
1. you are NOT in the USA currently.
2. You may have committed an immigration violation, documents submitted during filing do not provide enough evidence that you were legally employed at all times, had never been out of status as a student etc.
Hence, such applicants 9if in the usa) must leave and apply for a visa at a us consulate. the officer will determine if you are eligible for re entry based on the evidence you provide during interview.

Please advise

[martinvisalaw]

Your approval notice is not relevant to whether you can change employers. Now that you are in the US in H-1B status, your new company can file a H-1B change of employer (transfer). Assuming that you maintain status up to the time of filing the new H-1B, you should be approved for a change of employer.