Employer change while H1 petition for another Employer pending with another USCIS

[sammavvin]

I have stamped Visa and valid I-94 until Nov 2022 from Employer XXX. On March 15,2021 I started working for employer YYY in H1 receipt notice . My new employer YYY has filed my h1b petition for them. Now I got another offer with Employer ZZZ on Mar 19, 2021 who wants to process transfer in premium. I have below questions

1. can I switch to employer ZZZ while h1 petition from Employer YYY is pending USCIS decision. 2

2. Can Employer ZZZ  file new h1 petition in PREMIUM for me while there is already a petition in pending approval with USCIS from employer YYY.

3. Do I need to inform my Employer ZZZ about my employer YYY petition since its only been couple of weeks?

4. Can I proceed with employer ZZZ with employer XXX details (h1 copy, paystubs) considering the 60 days rule.

Edited March 23, 2021 by sammavvin

[Zodiac System]

Ans 1. Yes - Request employer Y to withdraw your petition

Ans 2. Yes

Ans 3. Not necessary.  Unless you want to scare employer ZZZ that he too will be abandoned by you at some point.

Ans. 4. Yes

Employers spend thousands of dollars on every transfer petition as an investment in their new employee.  What you are doing may be legally possible but not sure if it is ethical.

Edited May 18, 2021 by Zodiac System