Can H1B & H4 transfer be initiated while outside the country?

[Hugo_boss_1]

Me (on H1b) and my wife (on H4) are traveling to India in October. We have visa stamping due and are eligible for drop-box with the I-797 valid until March 2020 from Employer A. After stamping is completed, can I ask Employer B to initiate the H1B & H4 transfer while I’m still in India? I plan to give notice period to Employer A after I come back to US. Employer B wants me to start early and may not wait for me to return and then start the transfer. Any help is appreciated.

Edited September 26, 2019 by Hugo_boss_1

[User099]

Technically yes, Employer B can file for your H1 while you are in India. But the issue is that you dont have a valid I-94, which means they might have to file under Counselor processing. If approved you might have to leave the country and comeback again to get a valid I94.

Talk to Employer B's attorney and see what they suggest.

[JoeF]

You would have to wait for the H1 approval abroad. Once it is approved you can US the new approval notice to get an H4 Visa for your spouse. There is no such thing as an H4 transfer.

[xTDx]

I find it troublesome and it may be considered as borderline fraud. Think it this way : You applied for a visa to work for employer A where your intentions were not to work for A but to work for B.

imo, best way is to get B file a petition on your behalf in premium, use that petition to apply for a visa and come back.