Can Unused But approved H1 get transferred from outside US?

[Rohit Sahai]

I have an approved H1 from employer A ( I797 A which is valid till 2017) which starts from october 1st 2014. That means I have never used this H1 yet. I got terminated by employer A by the end of my OPT which was like a month back in August. I am now about to leave US and would travel to India. My question is can I use this never used but approved H1 I797 petition for H1 transfer petition by any other employer when I am not in US? Like through consular process or normal premium process where I wont require paystubs proof of my H1 status.

[raghvi]

I have an approved H1 from employer A ( I797 A which is valid till 2017) which starts from october 1st 2014. That means I have never used this H1 yet. I got terminated by employer A by the end of my OPT which was like a month back in August. I am now about to leave US and would travel to India. My question is can I use this never used but approved H1 I797 petition for H1 transfer petition by any other employer when I am not in US? Like through consular process or normal premium process where I wont require paystubs proof of my H1 status.

If the employer revokes it before 01-Oct-2014 dont think you would be cap exempt in future and would need to go through the cap again.

If it is not revoked, multiple employers can file a cap exempt petition for you even while you are outside US. Once the petition gets approved they would get a I797B, using which you can schedule the appointment as US consulate and go for interview.

This is my opinion not legal advice.