H1B Visa transfer and working for the original employer

[mads77]

Hello All,
1) If an H1b VISA transfer is initiated by a company X and if it is denied (for whatever reason), will the current H1B with a start date of 2/16/2006 from company Y for whom I work also be automatically cancelled?
2) After the H1B transfer is approved, is it possible to continue work with company Y or company X, but being only in one payroll at a time?

TIA

[Mr. Knowitall]

An H-1B petition remains valid until it expires or until the employer has it revoked, so the position of the USCIS is that you can work for the first employer until one or the other (expiration or revocation) occurs.

[mads77]

So then based on Question 2, I can work for both the employers but being on one payroll at one time. Because if the H1 transfer is approved then I can legally work for both the employers. Is that correct?
Thanks for your reply.

[Mr. Knowitall]

You could work for the first employer until that employer revokes your H-1B or it expires. I don't know how much switching back-and-forth you would want to do, but that's more of a career consideration. Also, you would want to work for the first employer long enough that it didn't appear that you never actually intended to work for that employer, so the USCIS doesn't get suspicious of your motives.

[mads77]

I never intended to switch back and forth. Just wanted to know the legalities. I have worked for my current employer for a year and a half and intend to shift to the new one.
I have also learnt (not from any immigration lawyer but from another site) that I can continue to work as long as I want (for the duration of the H1B petition) for the old employer even after the H1b transfer. But once I make the switch I cannot go back to the old employer even if they dont revoke the old H1b petition.

Thanks for clarifying!