H1b Layoff, Grace Period and New Employment question

[chaddibanyan]

Hi All,

I am in a tricky situation. I got laid off on Dec 29 and Feb 26 will be the last day of my 60-day grace period. I accepted an offer of employment and my new employer filed for H1 based on my approved immigration petition from my previous employer. I started working with them based on receipt notice on Jan 29. Today, Feb 12, USCIS issued an RFE asking for detailed job description as a proof of it being a specialty occupation.

I also have another offer, actually better, from another employer, and they want to file for my H1. Under what circumstances is this possible?

I have drawn a timeline in the attached image just to make the picture clearer.

Thanks.

[Centepede]

You can have multiple employers file H1 for you. 

If your new petition gets approved while 1st one is in RFE you for forfeit the prior application and pursue the approval from 2nd employer to join them.