Subject to cap/quota?

[thevizkid]

I am currently in the US on an H1b visa extension petition ie. my visa/I94 has expired, but I have a pending extension petition that was filed prior to visa expiry.
My question is- My client company is interested in absorbing me on an H1 visa. However, my petition that is pending recieved an RFE. Now, I understand that if I transfer(bridging) the pending petition and my original petition gets denied, my transfer automatically gets denied too. So I was wondering if I asked my (new) company to file for a new H1b, will that be subjected to the 65000 cap?? Is there anyother way I could do this without having to rely on my pending petition?

[txh1b]

The company can apply for a CP case which is still not subject to the cap and then you get the H1b approved, travel out and re-enter with a visa and get the I-94 to begin work for them. However, any work past the I-94 expiration in case of denial will be considered unauthorized.

[thevizkid]

Thanks for the quick response. When you say, Ill be out of status if H1 gets denied, pertains to a situation where I work for the new company based on the pending H1 transfer i suppose?
So, what is different in the CP process? If I do CP, do I still have to wait for my approval, or can I go to the counsulate as soon as I recieve my Recipt?

[txh1b]

You have to wait for approval for CP as it is not extension of stay. The out of status applies even if you dont work for the new employer if your petition for extension gets denied.