Change Employer B to C when B's Petition is pending

USA H1B Visa
1

I am here in US since last 12 years working for a product based Employer A (Product based Company) here are some more details -

  • I have my I-140 approved and priority date is 06/2010 for EB2 green card process.

  • My I-94, VISA Stamped and Petition from Employer A are valid until August/12/2020.

  • I was laid-off from Employer A and My Last working day for my Employer A was Nov 28th 2018

  • My 60 days Grace period ends at Jan 27th 2019

  • I joined Employer B (IT Consultancy) on Receipt notice and started working on Jan 17th before end of my grace period

  • Now I got good offer from Employer C ((Product based Company)) but they will take some 2-3 week time to file my petition

I will have 1-2 pay stub from employer B. My Question is can I join Employer C after 2 week on Receipt notice? and resign from Employer B?

First of all, If this is possible at all? and if yes how much is the risk involved.

2

It is possible, no risk if you stick around with Employer B till your Employer C’s H1 is approved(Risk mounts if you join Employer C just with receipt notice as you have too few pay stubs with employer B).
BUT… if you dont have any gaps in your pay stubs (employer A pay stubs and then immediately with employer B pay stubs before joining employer C, such risk is less)

3

Thank you for your response. Unfortunately employer B’s petition approval will take time as no premium processing from USCIS as of now. Also offer from employer C is good and C is a product base company as compare to Employer B is consultancy. Lets say I joined employer C on receipt notice and most likely employer B will withdraw their petition. Will that have any impact on Employer C’s petition?