H1B Cap Exemption

[eejeej0]

I got approved H1B petition for Employer A. This is valid from October 1, 2013 to July 1, 2016 and this was subject to cap when I got the petition approved. I don't have the H1B visa stamped yet. I have been in India for this period except for three weeks when I went to US on B1 for Employer A. So I have not used the H1B visa at all. I now want to find a new employer B and work for that employer B in US.

1. Can the new employer B file H1B for my case with cap exemption while I continue to stay in India?
2. Would it be fine to get the H1B visa stamped through Employer A, resign from Employer A in India and then travel to US with that visa and the approved petition for employer B? I am assuming Employer A can't legally get the visa cancelled even after I resign in India.
3. Would it be fine to get the H1B visa stamped through Employer A, travel to US with Employer A petition while employer B petition under process, resign from Employer A in US and switch to employer B once B's petition is approved? In this scenario B's petition was filed while I am in India.
4. Would it be fine to resign from Employer A in India, let employer B file the petition and get approved, go for stamping in India with employer B's petition and travel to US to work for employer B? I am assuming that even if Employer A cancels the petition after I resign, employer B will still be able to file the petition with cap-exemption.

[raghvi]

I got approved H1B petition for Employer A. This is valid from October 1, 2013 to July 1, 2016 and this was subject to cap when I got the petition approved. I don't have the H1B visa stamped yet. I have been in India for this period except for three weeks when I went to US on B1 for Employer A. So I have not used the H1B visa at all. I now want to find a new employer B and work for that employer B in US.

1. Can the new employer B file H1B for my case with cap exemption while I continue to stay in India?
2. Would it be fine to get the H1B visa stamped through Employer A, resign from Employer A in India and then travel to US with that visa and the approved petition for employer B? I am assuming Employer A can't legally get the visa cancelled even after I resign in India.
3. Would it be fine to get the H1B visa stamped through Employer A, travel to US with Employer A petition while employer B petition under process, resign from Employer A in US and switch to employer B once B's petition is approved? In this scenario B's petition was filed while I am in India.
4. Would it be fine to resign from Employer A in India, let employer B file the petition and get approved, go for stamping in India with employer B's petition and travel to US to work for employer B? I am assuming that even if Employer A cancels the petition after I resign, employer B will still be able to file the petition with cap-exemption.

1. Yes.
2. Yes.
3. B's petition would have to be applied after reaching US, and for the transfer to be successful you would have to show pay stubs from Employer A.
4. Yes. This would be the best way to do it.

This is my opinion not legal advice.