H1B transfer while H1B extension under process

[kash9191]

Hi,

 

My H1B extension with current employer is in initial review and meanwhile i am trying to change my employer, so is it risky to file for H1B transfer while i am waiting for H1B extension? Also when should i leave my current employer and when should i join new employer in situation where my H1b transfer and H1B extension is under process?

Can my new employer file premium processing for H1b transfer while my H1B extension with current employer is under process?

 

My concern is, what if my current employer withdraw my H1B extension request once i join new employer after they file H1B transfer request? Is H1B transfer request will be still valid if my current employer withdraw H1B extension request?

 

MY new employer's attorney suggest following- (Please let me know your opinion)

They will include a ‘cover letter’ with the application addressed to USCIS requesting that my pending H1B petition to extend is adjudicated and approved first, before adjudicating and approving H1B transfer. That means I'll have a "bridge" of lawful status.  Since I have in my possession the H-1B extension receipt notice of my pending case, this will help their attorney to prove to the UCIS that i still have valid status. Therefore i can begin working for new employer as soon as their attorney files H-1B transfer with USCIS.

 

Note:- My current H1B expires on 30th of August.