H1b Transfer while outside of USA

[randy_gc]

My friend worked in USA for some time on H1b, and has an approved i140. During the pandemic, his employer sent him to India and asked him to work remotely, and they removed him from US payroll and put him on India payroll.

As of now, he has approved H1b petition until 2022, but NO visa stamping, his employer may not send him for stamping until they find an on-site position.

He wants to come back to USA by applying for H1b Transfer. Can he do that while in India and with no visa stamp, no US pay stubs?

Thanks in advance.

[JoeF]

An H1 transfer is really just a new, cap-exempt H1 petition. A new employer can file an H1 petition for him at any time, since he has an approved I-140. And no pay stubs are required since while he is abroad he is not on H1, by definition.
He obviously needs to wait for the approval and get an H1 visa to enter. With premium processing, the approval would take 15 days