Current H1B revoked with Employer A. Employer B applied H1B transfer in regular process

[Rameshch]

My current employer A terminated my job on 18th Aug 2016 and applied for H1B revocation and approved on 30th Aug 2016 on USCIS site.

I got job and employer B applied H1B transfer on 22nd Sep 2016 in regular and he will convert into premium after we get receipt number.  I have pay stubs till Aug 17th.

1) Gone through the posts... released i will be in cap exampt and h1b transfer will be approved.  Is this correct?

2) In this scenario normal or premium is best?

3) Incase if it deny in normal or premium process... from 22nd Sep 2016 (H1B applied) also count as OOS? Or only till 21st Sep 2016
 

[pontevecchio]

The H1 petition may be approved without I94 in view of your OOS when the petition was filed. PP is a good idea as you know whether they used their discretion to grant the transfer or not.

 

It does not matter. If the petition is approved then leave and return with a visa ort if approved with I94 start working. use PP as you do not want to know 7-8 months down the line.