Possible conflicting approval dates of H1B renewal and H1B transfer

[nisargsha]

Hi - Please find details about my H1B process from start:

1. Oct 1, 2010 to Sep 30, 2013: H1B with Current employer
2. July 3, 2013: Current employer applied for H1B extension in general processing (will be valid from Oct 1, 2013 to Sep 30 2016 and the decision is pending as of Aug 23, 2013)
3. Aug 23, 2013: New employer plans to file H1B transfer in premier processing during the week of Aug 30, 2013

Current employer: company I am current employed with

New employer: company I plan to join in future after H1B visa is transferred

 

Questions: 

1. What will happen if Current employer's H1B extension request is approved after New employer's H1B transfer request? Which one will hold precedence?
2. Should I request my Current employer to withdraw their application once the new employer files the petition to transfer H1B? (I am scared to take this route to avoid a situation when the application from New employer is rejected by USCIS and my current visa expires on Sep 30, 2013)
3. Will it be better if I ask my New employer to file my H1B transfer request after USCIS approves H1B extension request from Current employer?
4. Any other advice?

Appreciate your time and consideration to answer my questions. 

 

Thank you!

[pontevecchio]

1. There is no precedence involved. You can work for any employer with an approved H1 petition and EOS or by coming back with the visa.

2. You need not do anything.

3. NO. What sort of impression will the new company get?

4. Is there no contract or notice involved with A?

[nisargsha]

Thanks for your reply!

 

Following up on few of your responses:

3. Its the new employer who asked me to request my Current employer to withdraw the H1B extension application. They also suggested to wait until the extension approval is obtained by the Current employer. I am not sure about their knowledge in this area.

4. There is no contract involved with my Current employer. On the other hand my New employer has a clause for reimbursement of all H1B application cost if I leave the company in 2 years. Is this even legal? 

 

Kinds Regards,

 

N