Question on H1B out of status

I entered US on H4 visa in feb 2015 and filed for change of status (H4 to H1B) as I got sponsorship from one consultancy and the H1B application was picked in lottery in 2015, H1B petition is valid from Oct 2015 to Sep 2018 . However I didn’t start working on H1B till now, and now I am in fix whether I went out of status as I am planning to return to India in feb 2016 as I don’t want to go on out of status.

Question: Am I eligible for H1B transfer if I join any company in India and apply for H1B transfer from India?

Will it be sensible to work here for couple of months here to get 2 months of salary slips in US before going to India?

in case i am eligible for cap extempt in h1b transfer case, what documents might be required as I already have I-797 approval copy

If your H-1 was approved w/ I-94 attached, then you are on H-1 status. If you didn’t get paid on H-1 then you have accumulated out of status. To get out of it, you need to be paid for all the time you were inside US on H-1B status.

Do you plan to get H-1 visa stamped in India? If yes, then its best to have payslips and W-2 for 2015 (assuming you go for stamping in 2016).

For another cap-exempt petition, additional documents required includes copy of existing 797 and 2-3 most recent payslips and W-2 copy (if filed in 2016).