If employer B H1B transfer application is approved
If your employer B petition is approved, it would be your choice to choose either Employer A or B.
You can keep working with Employer A even if Employer B’s petition is approved.
There is no compulsion to join employer B as nothing really gets transferred from one H1B employer to another employer in reality.
We use the term ‘H1B transfer’ in daily conversation for ease of understanding only.
When your H1B transfer gets approved, your existing and old H1B application still remain valid until the employer withdraws it.
If Employer B H1B transfer petition is DENIED
If employer B’s H1B transfer petition is denied, you can still keep working for Employer A on the basis of A’s H1B extension filed before i94 expiry.
This allows you to work up-to 240 days after i94 expiry when your H1B extension is pending.
Thank you very much for the quick reply. If the employer B’s premium transfer is denied and I continue to work on receipt of my current employer A amendment/extension application (under 240-day rule). Do I have to worry about the recent NTA rule ? since the employers B decision is only known after the i-94 expiry. Please let me know.
Well, the only thing you can do right now is to get your Employer A application also upgraded to ‘Premium’ and get the result as early as possible.
If not, then i would suggest to join Employer B if their petition gets approved.
It is better to have something approved in your hand rather than waiting for result of regular application.
The chances of your Employer A’s H1B extension rejection AGAIN are very high as it has already been rejected once.
I would suggest to not take any risk in today’s un-stable environment and join Employer B, if they get their H1B transfer approved.