Employment Termination and H1B to H4 and H4 revocation

Hi ,

Here is my case-

I am on H1B visa with I140 approved with Employer-1 which is valid until August 2020 , End of August 2018 My current project ended and mid of September my employer-1 terminated my employment and revoked my H1B on 21st September 2018.

However i have already found a new employer-2 on 1st September 2018 and my new H1B is approved on 21st September 2018 ( since it was filed on premium)

I have received my last paycheck on 09/27/2018 for pay cycle of 1st sept-15th sept 2018 from Employer-1. I will get one more paycheck for the week ending 21st Sept 2018.

My question is -

  1. My new employer-2 has not given me a start date yet , and as informed by them last week they are planning to on-board me by 1st dec 2018. — Can i join this position on 1st dec 2018 since my H1B is approved with employer-2 on 21st September 2018 ?

Just FYI - I have already informed by new employer that I need to join on or before October 2018 end since my visa is approved with them.

  1. Suppose the answer to question-1 is No , then - Can i file H1B to H4 COS ( since My spouse is on H1b) on 1st November 2018 and revoke it on 30th November 2018 or 1st December 2018( considering my H1B to H4 COS is not approved at the time of revocation ) and join employer-2 on 1st December 2018 on the H1B filed by them which was approved on 09/21/2018.

Your help on same is greatly appreciated.

Thanks & Regards