Not travelled to US on H1B yet, Want to do a H1B transfer on a different POE

[JS82]

Hello,

I have my H1B visa stamped and valid till Mar 2018. My approved POE is Dallas, Texas. I have not yet travelled to US.
One more employer is interested to hire me for a full time position. But the new employer is at San Jose, CA.

My questions are
1. What both myself and new employer should do for joining the new company at CA.
2. Can I directly travel to CA to join the new employer, incase new company just apply for a cap-exempt H1B transfer ?
3. Do I need to first get the approved new I797 for the new employer and get a fresh stamping for changing the company and POE to CA?
4. Do I also need to get the H4 stamped for my wife and son to change the POE to CA ?
5. What could be the maximum time required for getting I797 approved for the new company ?

Thank you in advance for your advice

[shervin143]

1. What both myself and new employer should do for joining the new company at CA.
>>> The employer should file a H1B transfer and that petition should get approved for your to travel and work for that employer. The new employer's approval will be for the new work location.

2. Can I directly travel to CA to join the new employer, incase new company just apply for a cap-exempt H1B transfer ?
>>> You cannot do that until the transfer gets approved. You cannot use your old employer's approval notice to travel to U.S to work for the new employer.

3. Do I need to first get the approved new I797 for the new employer and get a fresh stamping for changing the company and POE to CA?
>>> Yes, H1B petition need to be transferred. But you can use your existing valid H1B visa in the passport to travel to U.S using the newly approved petition. No need to go for visa stamping again. I-94 at the POE can be issued only till the visa expiry date. So if you want your I094 to be valid until the new employer's petition expiry date, then you can appear for visa stamping again.

4. Do I also need to get the H4 stamped for my wife and son to change the POE to CA ?
>>> Not required.

5. What could be the maximum time required for getting I797 approved for the new company ?
>>> 5-6 months by normal process and 15 days by premium to get a decision from USCIS provided there are no RFEs.