H1 Transfer Queries - When to quit current employer?

[reapit]

Hi, I am currently on H1 with company A. I want to join company B and the same has applied H1 transfer (premuim). I need help to understand when should I join B or give notice to my current employer A (2 weeks notice required) given the following scenarios

1) On receipt of H1 transfer application receipt from USCIS, i give notice to my current employer. An RFE is issued to the H1 transfer application within the 2 weeks when I am still with employer A and serving notice period - can i still join company B and work legally while B is processing or has submitted response on the RFE?

2) Based on receipt of H1 transfer application receipt from USCIS, i join company B. An RFE is issued to the H1 transfer application after I have joined company B - can i continue to work legally (as far as the same is not denied) ?

3) Based on receipt of H1 transfer application receipt from USCIS, i join company B. The application is denied and company B plans to file an appeal. - can i continue to work legally for the period the denial notice was received, appeal submitted and decision made and communicated?

Please advise. Thanks in advance!

[reapit]

Experts .....please advise!!!

[blancx]

I'm no expert, but I would advise that you give notice to your current employer only after you have received an approval from the USCIS. I have personally taken this approach. I do not advise you to join based on the filing receipt, although you legally can and hundreds of people have done that.

This is because if things go south with the new application, you at least have your old job and are in a much better state to address the new application issues.

[jai5]

I think you have can join your new employer any time after approval.There is no time limit to it.Even if you do not join the new employer you can still work for your old one.

There is nothing like a transfer of H1.Its again a new process completely and the only difference is it is cap exempt.

But you have to look into consequences of not joining the the new employer if you are in any contract. As far as USCIS is concerned it is another petition for another employer.