H1B Transfer - Joining a New Company Before Approval

[bonniechang]

Hi everyone:

I have a question that needs your opinion. I am currently working for company A and has accepted an offer with company B who is filing the premium process on my H1B transfer. Since the current company requires a 2 week notice, company B wants me to give out notice asap so that when the transfer gets approved after 2 weeks, I can go work for them immediately instead of waiting for another two weeks if I give notice to company A after I receive the approval.

Currently I more towards to give out notice upon receipt of approval though because to me it is safer to do it this way but I don't want to piss off the new company. They have been telling me it is okay to do so since the denial is usually rare on H1B transfers.

Here is my question:
1. I know it is okay to start working with the new company once the petition is in process, but is it very risky to give out termination to company A before I even get the approval?
2. If the transfer get denied, will I be able to go back and work for company A? (I don't really see them taking me back though)
3. If I started working for B and the transfer get denied, do I need to leave the country immediately?
4. Is it true that the denial on transfer H1B usually rare?

I am struggling on when to give notice so every opinion helps. Thanks so much.

[Mr. Knowitall]

1. Unfortunately we are unable to predict the future. If Employer B has labor department certification for the job, and you're qualified for the job, the odds are you'll be okay. But we can only talk percentages and can't make promises.

2. Yes, if they'll have you and they don't revoke your work authorization in relation to working for them (something that very few employers do, as it's completely unnecessary).

3. If you lose your job, you are supposed to leave the country.

4. If the employer has obtained certification with the labor department and you're qualified for the job, odds are the transfer will go through.

[bonniechang]

Thank you for the answer. About the labor department certification you mentioned above, where or how can I know if Company B has obtained that for my job? Should I ask them?

Company B is actually a Public Accounting Firm, so is it common that they probably already obtained labor department certification? If so, I probably don't need to ask them.

Thank you again for help.