H1B transfer without H1b stamping

[lady_libra]

Hi,

I have a h1b approval notice from company A starting Oct 1 2006, and I haven't left the country since the approval came through. I have an old F1 visa in my passport. I have recently got another job offer and would be applying for H1B transfer. Is it legal to apply for a h1b transfer without a h1b visa stamping?

Thanks!

 

[GotPR?]

Yes, it's legal.

 

[toughlabor]

Need some urgent help

Yes, it's legal.

Gurus please suggest

I am planning to apply for my wife's H1-B visa through a consulting company. But I need to know if there is any issue in pursuing the case. Here is my wife’s case detail

1. She Entered US with H4 visa on 01/2001.

2. She got H4 visa revalidated on 12/2001 valid up to 10/2003.

3. She got an H1-B approval from a consulting company, with validity from 06/2002 to 06/2005. But she could not join the company.

4. She went to India on 01/2003 & came back on 2/2003 with H4 visa.

5. She got her H4 visa extended 3 times as a dependent as follows
a. 10/2003 to 7/2005
b. 7/2005 to 7/2006
c. 7/2006 to 7/2003

The consulting company is advising us that in the light of the recent USCIS clarification on H1-B & L1 visa, she can apply for a new H1-B visa.

Thanking you in advance.