Applying for an H1-B Transfer with a Lost Passport

Hello,

I am working for company A on H1-B visa. Recently I got offer from company B which I accepted and company B is willing to transfer my H1-B visa. But meanwhile I lost my :( ( I have passport photocopies, I-797 and all the other documents). I have also applied for new passport in Indian consulate and it will take 3-4 weeks.

Company B is filing my H1-B transfer in premium processing by saying that I lost my passport and applied for new one. It usually takes 15 days to get result in premium processing.

1) Considering my scenario should I wait for my H1B trasfer to get approved before leaving/ resigning company A?? or 2) is it OK to resign from company A while H1-B transfer under process?

3) If I resign company A while my H1B transfer (premium processing) is in progress will I be in some risk of going out of status if my transfer gets delayed from USCIS or get RFE from USCIS about my passport?

Please advise me on this...

Thanks,
Aniket

As the ball is already in motion, you'll have to deal with what happens. As I see it there is a possibility that the USCIS might become concerned that you did not remain in status, given your missing passport and I-94, but if they cannot adequately resolve their concerns from their own records I would expect them to issue an RFE. As I'm sure you know, you can get a replacement I-94 if necessary. Your new employer is likely using an immigration law firm - should we infer that their lawyer is not concerned?