H1B transfer before October 1st - Current on L1B

[nilesh_patel]

I am on L1B Visa valid till October,24 2013 with Company A.
Company B applied for my H1B visa and I got RFE. Company B will send RFE response with a week or 2.
1) If meanwhile I got good offer form Company C. Can I transfer my H1b for Company C before I start working for Company B.(My Fresh H1b is currently in RFE status).
2) If I get the H1B approval on September 20,2013, Can I serve 1 month notice period on my L1B and join H1b company by October 20.
3) I have approved I797 of 2009 for H1B with Company D. I got RFE on it when I went for H1B stamoing and than never responded back.Can I use that petition for H1b transfer under cap exempt.

[raghvi]

I am on L1B Visa valid till October,24 2013 with Company A.
Company B applied for my H1B visa and I got RFE. Company B will send RFE response with a week or 2.
1) If meanwhile I got good offer form Company C. Can I transfer my H1b for Company C before I start working for Company B.(My Fresh H1b is currently in RFE status).
2) If I get the H1B approval on September 20,2013, Can I serve 1 month notice period on my L1B and join H1b company by October 20.
3) I have approved I797 of 2009 for H1B with Company D. I got RFE on it when I went for H1B stamoing and than never responded back.Can I use that petition for H1b transfer under cap exempt.

1. Technically possible if done before 01-Oct-2013.
2. You should work only with the H1 employer from 01-OCt-2013 onwards. So 1 Month notice period is ruled out. You should have done a COS to H1 in premium before hand. You have only 10 Days Between Sep 20 and Oct 01.
3. Yes you can.

This is my opinion not legal advice.

[nilesh_patel]

In response to Point 1 what happens if My new employer get RFE and H1b transfer get delayed after October 1.

[raghvi]

If decision has not come you can continue to work with L1 employer till L1 I-94 or H1 approval date whichever is earlier.

As your initial L1 from A to H1 for B, COS itself is pending highly advisable to upgrade that to premium otherwise you will only end up messing the situation more.

This is my opinion not legal advice.

[nilesh_patel]

I already applied my H1B in premium processing. My Employer B is going to respond RFE by Next week. But I got one offer from Employer C and they want to file H1 Transfer.
But as my current h1b status is on RFE I was not sure if Employer C can transfer. and If Employer C file transfer and he will get RFE it might get delayed in October.