H1B Transfer pending H1B extension from current employer

[nbdcool]

Hello all, 

 

My current H1B is expired (October 1st week 2015) and my current employer has already applied for my extension, but it still in initial stage and it shows on USCIS the case is received. Now I am getting a new better job offer from a different employer, in this case can I file for an H1 Transfer or do i need to wait till my H1b extension is approved?? 

 

My current employer is not ready to file for a premium processing so there is no way I will hear back on my application till next 2 months as per the processing timings on USCIS.

 

I will really appreciate if someone can help me out to figure this out. 

 

Thank you!!!

[Jyothis]

You need the extension approved first, as you are currently staying in status solely based on a filed petition.

[jairichi]

Yes, new employer can file a cap exempt H1B petition. It will be considered as bridge petition. If extension with current employer is withdrawn or denied then new employer's H1B I797 will not have an I94.

[nbdcool]

Thank you Guys, this means I should not take a risk of leaving my current employer right till my extension is approved?

Is it true that, if I file for new h1 transfer and if my current extension gets denied, I need to go back to India and come back on the new H1B transfer or the transfer just gets denied too??

[jairichi]

Thank you Guys, this means I should not take a risk of leaving my current employer right till my extension is approved?

Is it true that, if I file for new h1 transfer and if my current extension gets denied, I need to go back to India and come back on the new H1B transfer or the transfer just gets denied too??

If extension is denied then H1B transfer will be approved without I94.