H1 Transfer from India - Complex case

[aries26m]

I was in US since Nov 2003. I am on a vacation to India since June 2004. I got my last paystub until April 2004. Paystub for May 2003 is not yet provided by the employer.
(question1) Now if another company in US wants to transfer my h1 can it be done while I am in India?
If yes, I assume I wont fall in the h1 cap of FY2004 which is already reached
If no, and I go back to US on my old employment (yes my old employment is not yet terminated), (question2)can my new employer file for my H1 transfer on the next day of my landing?

IS it necessary for me to work for the old employer to get couple of recent paystubs? (question3) Shouldnt pre-vacation paystubs along with a letter from the new employer exlpaining that I was on leave would be enough? (I was never out of status)

Options 2 is
If my old employment still is not terminated, and instead of going back to US on my old H1, can my new employer file a new H1 altogether while I am in Inda. (question4)Would that fall under the H1 cap ?

(question5)What if meanwhile my old employer doesnt waits and terminates the employment while I am in India?

 

[ginnu]

I was in US since Nov 2003. I am on a vacation to India since June 2004. I got my last paystub until April 2004. Paystub for May 2003 is not yet provided by the employer.
(question1) Now if another company in US wants to transfer my h1 can it be done while I am in India?
If yes, I assume I wont fall in the h1 cap of FY2004 which is already reached
If no, and I go back to US on my old employment (yes my old employment is not yet terminated), (question2)

can my new employer file for my H1 transfer on the next day of my landing?
----this is the better option
IS it necessary for me to work for the old employer to get couple of recent paystubs?
------ better if you get 2-3 recent pay stubs just to avoide any RFE
(question3) Shouldnt pre-vacation paystubs along with a letter from the new employer exlpaining that I was on leave would be enough? (I was never out of status)
----- that can be done but USCIS may send RFE, I will not do that i will transfer with recent 2-3 pay stubs
Options 2 is
If my old employment still is not terminated, and instead of going back to US on my old H1, can my new employer file a new H1 altogether while I am in Inda. (question4)Would that fall under the H1 cap ?
------ yes new employer can do it, if your earlier H1 was issed in 6 years you are not subject to cap
(question5)What if meanwhile my old employer doesnt waits and terminates the employment while I am in India?
------ you need new employer H1 to be approved and sent to you then get H1 visa stamp and enter

** best option come to US work for 1-2 months then transfer H1