Laid off on OPT. H1 Approved. Transfer question

[comet360]

Hi All,
I was laid off recently. I am on my OPT(STEM extension) which ends Feb 3. Company A had applied for my H1B and was approved to start work Oct 1. Company A withdrew their job offer.

1. Company B now wants to hire me. Will I be counted under the Cap ? When is he earliest I can start work for company B?

2. If company A withdraws their H1B petition? Will I be counted under the Cap for Company B's petition? What would be my start date?

I very much appreciate your responses. Thank you for sharing your immigration expertise.

-A

[shervin143]

1. Company B now wants to hire me. Will I be counted under the Cap ?
>>> Not if you have a copy of your H1B approval notice.

When is he earliest I can start work for company B?
>>> Oct 1st.

2. If company A withdraws their H1B petition? Will I be counted under the Cap for Company B's petition?
>>> They can withdraw the petition. The CAP will remain valid. Do you have a copy of the approval notice?

What would be my start date?
>>> Oct 1st.

[comet360]

1. Company B now wants to hire me. Will I be counted under the Cap ?
>>> Not if you have a copy of your H1B approval notice.

When is he earliest I can start work for company B?
>>> Oct 1st.

2. If company A withdraws their H1B petition? Will I be counted under the Cap for Company B's petition?
>>> They can withdraw the petition. The CAP will remain valid. Do you have a copy of the approval notice?

What would be my start date?
>>> Oct 1st.

Thank you for your response. Appreciate it. Yes, I have a copy of the approval notice.
Just wanted to clarify one other issue. Can an employer apply for a new H1B before oct?

[shervin143]

Yes. But you cannot work for them until Oct 1st as that is when your status will chnage to H1B. Advisable to file the H1B transfer in premium.

Thank you for your response. Appreciate it. Yes, I have a copy of the approval notice.
Just wanted to clarify one other issue. Can an employer apply for a new H1B before oct?