H1b denied; Appeal pending; Change employers?

[umaycomein]

Hello,

 

I was picked in the lottery for h1b2017. The application got denied and my employer has filed for an appeal. I am currently on F-1 STEM. I have a new offer from another employer and they are willing to file my H1B in 2017. 

 

Questions:

1) Is my employer required to withdraw the appeal? ( As I will not be working with them). If yes, in how many days do they have to file for withdrawal?

2) If the appeal get approved before withdrawing ( I have 1 more month), can my new employer file for a transfer? 

 

[Reddi]

Hello, 

1.  Not required. even if that got approval also fine. No issues there.

2.  New employer has apply how that first employer  was applied earlier. new employer based on your initial documents based on your F1 visa.

you can have multiple petitions but at a time you have to work with only employer.