H1 transfer question

[soujivadlani]

Hi,
I got my first H1 on Dec 2010. I had problems with my manager and resigned the job. My last date is Jan 28th, 2012. I found another employer who is willing to do my H1. They applied for my labor on Jan 18th. They are willing to do a premium processing. My question is, if my new employer sends the H1 application to USCIS and they(USCIS) receives it before Jan 28th, will I be in legal status? or should I receive an application number to be in legal status?
what are my options?

Will I be in legal status if my employer will hold on revoking my H1?

Please respond ASAP!

Thank you very much for your help!!!

[shervin143]

Your documents for the H1B transfer should reach USCIS before your last working day with the current employer. Otherwise your H1B might get approved for consular process (without a new I-94) and your period of stay in U.S from the last working with the current employer until the day you stay in U.S will be considered as out of status.