very tricky question, any input, please?

[JLMA888]

TIMELINE
Apr 08: Employer-A got H-1B petition approved on my behalf.
Sep 08: I got H-1B VISA stamped on passport for Employer-A.
Oct 08: I started working for Employer-A as H-1B.
Dec 23rd 08: I left the US
Never went back. Still out of the US.
Feb 27 09: I plan on entering the US using Employer-A's VISA at POE.
Mar 02 09: will resume work for Employer-A in the morning.
Mar 02 09: plan on beginning working for Employer-B in the p.m.

ADDITIONAL INFO
Employer B is ready to file H-1B petition ASAP.
Employer A is ok with me working for Employers A and B.
Employer A will not cancel H-1B.

QUESTION (tricky, I think):
is it O.K. for Employer-B to file H-1B petition WHILE I am out of the US (i.e.: no I-94 number to put in the I-129) AND still NOT request "consular notification", since by the time USCIS makes a decision (hopefully "approval") I will have already entered the US as H-1B to resume job with Employer-A?

In other words, how would you handle this so that
(i) I return to the US as close to (and in advance of) March 2nd,
AND
(ii) USCIS receives Employer-B's petition by March 2nd?

Thanks a lot,
JLMA888

[txh1b]

You should have employer A file for amending the petition to part time and employer B to file for a part time H1b for you.

Once approved, you can work for both based on the set-up. Have a good attorney handle it.

[JLMA888]

Job A is part time already

Thanks txh1b!!
My job with Employer A is part time already.

This is my plan:
Employer-A: no need for ammended petition.
Feb 27: I enter the US as H-1B with Employer-A's VISA stamp.
Feb 27: Employer-B puts new I-94 number in I-129 and ships H-1B petition.
March 2nd: USCIS receives Employer-B's petition.
March 2nd: I begin working for Employer-B [based on "H-1B portability"]

is this correct?

Thanks for your help today,
JLMA888

[txh1b]

I don't think H1b portability applies here. You may have to wait for B's approval. I may be wrong as I have not done enough reading on this type of cases. Talk to your lawyer.

[JLMA888]

on H-1B portability...

Thanks, txh1b.
Botom right corner of Page 2 in http://www.uscis.gov/files/article/E1eng.pdf (H-1B portability) is where I read that you can start working as soon as the petition is filed.

Doyou think it applies?
Thanks agaion,
JLMA888

[txh1b]

Yes, but each employer must file a separate Form I-129 petition
and, where applicable, the appropriate Labor Certification, Labor
Condition Application, or Labor Attestation with the DOL, and
receive approval from USCIS before the employee may begin to
work for a new or an additional employer. Please note that a foreign
national who is eligible for H-1B portability may begin working for
the new or additional employer once that employer has appropriately
filed the Form I-129 petition with USCIS.

Seems to be okay but I have not read the relevant INA applicable with this and so will leave it to others that have done this to comment.