H1B Consular processing


harjinder1988

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I was working for Company A which filed for my H1B petition in premium processing on 1st April and I received my I-797A notice on May 12. I was laid off by the Company in July, but I immediately got a new job. I was told by Company B that they can transfer the H1B before 1st October. But after joining they told me that H1B can only be transferred after1st October using consular processing. Company B has told me to leave US on 2nd October after my H1B kicks in and then they can file for my H1B under consular processing( or is it consular notification ).

I am not sure if Company A revoked my petition because on USCIS it still shows status approved. I have a valid OPT till 29th October 2017, but my current status is Cap-gap because my OPT extension was approved after H1B was approved. I have few questions - 

1. Could Company B have filed my H1B before 1st October ?

2. Will I be counted under cap-exempt when company B files for my extension ?

3. What will be my status on 1st October ? What will it be on 2nd October ?

4. I have another option to go back on my F1 Visa by filing 'Reinstatement to F1' and use unused OPT( although it will be hard time explaining at Port of Entry why I did that), but will the reinstatement be affected if I am on cap-gap and not on F1-OPT ?

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