H1 from two companies - confused situation for stamping

[rkotagiri]

I am working fulltime for company A and have my H1b from them. Now I got an offer from a fortune 20 company (Company B) who are ready to do my H1 immediately through consular processing. I am travelling to India on 1st December 2012 and I need to get my stamping done in this trip. This is my first H1b stamping btw..

Option 1: Give 2 week notice to company A before I leave and go for stamping on company B's H1 approval and offer letter. Come back to work for Company B

Risk: As I will be out of a job, the visa officer might not see a point in sending me back to the US as this will not hinder business for either companies.

Option 2: Go to stamping on company A's H1 approval. Come back and then start the processing for Company B's H1 transfer with new I 94.

Risk: It is not much of a risk but I have to come back and work for 3-4 weeks in company A until I get the H1 transfer done. That means I cannot join company B until Feb 2013 which I am not sure they will be OK with.

Please advise me on which option is safer.. is there any other option I can consider?!

Thank you!!

[pontevecchio]

In view of your obvious hazy knowledge of the way the system works your best option is 1 after discussing all the pros and cons with your own lawyer.

[krialta]

If you are ok working for employer A, option 2 as you have nothing to loose. Not to say, what if stamping is delayed via option 1 due to administrative processing in India? will your employer B wait till it done?

Do not guess, speak to your employer B about your vacation plan and tell them to initiate your H1 transfer after your travel. Keep your trip shorter for mutual benefit.