H1 transfer from outside USA


I have traveled to India last October as my extension wasn’t filed in time. My company has filed new cap exempt h1b visa and now I have stamped h1b visa from company A.

Unfortunately before I travel to states travel ban came in to act and I got stuck in india. Recently I got my national interest exception on family separation basis. But the project I was supposed to go for moved to offshore and that particular client came up with a new rule that they don’t need any new hire on-site. Since I don’t see any hope with company A, I am planning to apply for new jobs from India.

My question here is :

If I get a job with new employer and they are ready to file h1 transfer for me can they initiate the transfer while I am still in India ? If they could then can I travel to USA as soon as I get h1 transfer receipt notice or do I need to wait until I get approval notice?

if I have to wait until I get approval notice in hand then could I just travel with my new approval notice and previously stamped h1b visa ? Or do I need to go for stamping again ?

If I am able to find a project with company A before I get my transfer approval or after I get transfer approval then can I just void the transfer and travel ?

Technically in your case the new employer will file a new cap-exempt petition. Change of employer aka transfer petition only applies when the H1B beneficiary is in the US and actively employed with a H1B employer.

You will need approval notice to travel and enter the US, of course along with a valid visa.

Yes, you may travel with a valid visa from past employer and I797 approval notice from the new employer.

Yes. You need to inform the new employer that you wont be joining them so that they can withdraw the H1B that they filed.

Thank you so much for answering all my questions.