H1B Transfer possibility while employee is out of USA

[moresolve]

Hi,

 

If H1B holder employee is in home country,

 

1.  Can he do H1B transfer process when he is not present in USA? Is this legally possible? Or employee must be present in USA while filing H1B transfer petition?

 

2.  If this is possible, then once H1B Transfer is done then employee needs to do stamping again along with new I-797, I-129, LCA, New employment letter etc..  Is that correct?

 

3.  Is there any legal problem in all this process, as employee is out of USA ?

 

4.  If employee finds potential employer for H1B transfer after couple of months from his home country. Then he will not have current / latest pay stubs. In such scenario, can next employer file H1B transfer petition on the basis of most recent pay stubs (2 months prior in this case) ?

 

 

Thanks

[rahul412]

Yes that's possible. No need of new VISA if your current one is still valid.