2 H1Bs

[JMcCar]

Hi,

Here is the dilemma I'm going through now.

I started working for Employer-A 6 years ago. I was working through Employer-A for Client-A. In September 2016 Employer A, applied for H1B extension with letter from Client-A under regular processing on I-140. We haven't heard from USCIS for months. By the time we realized it's getting late and time to upgrade  to premium, Premium Processing was suspended leaving no choice to me but to wait.  In May 2017 last week, my 240 days limit was reached and my employer-A suspended my work and told me to wait until decision, which is a great inconvenience to both me and my client-A( I was in the middle of a very big implementation).  

Waited almost 60 days (240+60) and USCIS issued an RFE. My employer said he will try his best to answer RFE but didn't discuss much about details of RFE. Lost hopes.

Staying jobless for 2 months, with no authorization to work for Employer-A, worried about the bills, I transferred my H1B to Employer-B with expired I-94 (300 days). This made me legally eligible to work again.  Totally aware of the fact that this bridge petition to employer B will be automatically denied if H1B extension of employer-A gets denied. With an optimism of if this transfer to Employer B  gets approved before denial of Employer-A extension, I was totally prepared of consular processing of H1B. Working at client B since then. 5 weeks ago H1B transfer to employer B, received a simple RFE.

To all my surprise I got an email from HR of employer A 10 days ago, saying my H1B extension got approved with I94 until end of 2018, I'm back to status and asked me join immediately and resume my work at client A as he needs me ASAP. I told them, I will get back to them soon as possible,  I need to followup certain things with employer B before resigning. I have received the copy of my approved H1B extension with Employer-A.

Now the dilemma is, my work at Client B is a dream job in terms of longevity and career prospects. Employer B is already getting ready to respond to RFE.   Now the dilemma starts

Keeping aside ethics and loyalty for a second, 

1) If I decided to not to go back and join Employer A, what if he might get upset and revoke my H1B?  (client A could also get upset and terminate contract with employer-A).Will that H1B revoke also revoke my I-94 validity I received with approved I-797 of employer A. Or that I-94 is still valid and applies to my pending H1B transfer to Employer-B keeping me in status? Isn't  I94 independent of I-797?

2) If employer A gets upset, but still don't revoke my H1B, is it OK with to have one approved H1B with one employer and pending transfer H1B with another? I will be working for Employer B only in this case. 

 

Please advise.