Can we join New employer after H1b transfer initiated and before H1b transfer is approved?? what are the chances of rejection?

[Z1234]

I am currently on H1b visa from employer A. I am in a process of transferring my H1b visa to a new employer B. 
B wants me to join immediately after they file my H1b transfer. 
I feel uncomfortable in the sense that if H1b transfer is Rejected or on RFE will I would be Out of Status?? 
I will inform/resign from my current employer A before Transfer is approved then are there any chances that they can Revoke my original H1b and I would not have valid H1b so again will I would be out of status?

[rahul412]

No one knows whether A will revoke your H1 or not. You need to ask them.

[pontevecchio]

1. The previous employer is REQUIRED to revoke your H1 when you leave. That is standard procedure.

2. You can join on receipt, though the risk of later denial is always there unless we are talking extremely credible companies.

[rahul412]

No one knows whether A will revoke your H1 or not. You need to ask them.

Actually, it doesn't matter whether your H1 is revoked or not. Wait till your H1 transfer is approved and then join the new employer

[pontevecchio]

In the real world it is not often possible to dictate to employers who may need you now. Hence it is a decision to be made by you considering the new opportunity. Or convert to PP and then join after approval.

[priank26]

Guyz I have a question for you all guyz and need some clarification in a scenario.

I had my H1b from employer A which is a Big IT company (US based but also operating in India as subsidiary) . I worked on that H1 in US for around 18 months and also had the extended petition till 2018 

Recently I moved to H4 and and after which I resigned my company. The new extended petition is not been used as in i was not on H1B status  during the start of the Extended petition start date as it got extended before my past expiry date.

 

My Queries 

 

What does revoke exactly mean and how does it impact ???

1. Can the prev employer A revoke the H1B ?

2. Can I still get the H1b transferred though any other employer whithout any issues ?

3. Will I be exempt from Quota regardless of my last H1b petition status(if revoked) upto 6 years.

4. Or Do I need to go through new quota for H1B filing.

 

I heard that once H1b is used then it can be anytime used for out of quota H1b filing even though my previous employer revoked.? Is it true as well

 

[pontevecchio]

Revocation is an administrative process and not relevant to you.

 

1. He HAS TO. Basically informing USCIS that you do not work there anymore.

2. No Issues because of revocation.

3. Eliminate the word revocation from your lexicon. You are eligible for a total period of 6 years minus 18 months in H1 status with no period more than 3 years at a time and this will not be subject to cap.

4. No

 

Again see 3.