Chances of H1B stamping after resigning after petition filing in April

USA H1B Visa
1

I am currently working with company ‘A’ while holding an offer from company ‘B’. My joining is 2 months from now, while notice period is 1 month. So I have 1 month of time when I could actually resign. Meanwhile, my company ‘A’ is going to file H1B for me in first week of April.

I am now in a dilemma because of these 2 opportunities appearing around this timeframe. Just checking what best, possibly, I can get out of both.

Could you advise me for how long during the H1B process, I should stay in my current company ‘A’, so that there are good chances, both reasonably and legally, that my company ‘A’ may consider me for H1B stamping after “resign now and rejoin later” approach? I will likely be advised to stick to my preference/priority and not to mix 2 things, while I welcome these advices, I would still appreciate your advice on technicality of the execution of this move in best interest of mine.

Please note, there is no hard preference of one to other and I am not assuming that I will later be invited to join company again. But just in case …

2

If you leave A after the petition has been filed, then A can very well withdraw the petition and that H-1 will be of no good to you.

However, if you stay w/ A till the H-1 gets approved, then you can make use of that H-1 either w/ A or any other B-Z employer. You will need copy of the approved petition, or just the receipt number w/ online status showing it as approved. Another employer can then file a cap-exempt petition for you in future even after A withdraws their approved petition.