H4 EAD to H1B transfer with Cap

[l1toh1seeker]

I am posting a question for my friend. 

She works on H4 EAD for Company A (American Direct Hire with good pay). Company B applied for her H1B (consular processing 2018) for future employment. 

Company B received RFE and they dont want to respond to it as they no longer have the need for their client.  Meanwhile, in a discussion with HR Company A is ok to transfer the H1B to them. 

The question is Can Company A use the Cap receipt number for Company B and file a cap exempt H1 petetion? I have read through online and on the USCIS site. But there is no clear guideline on when the cap is counted against the individual. Some are saying it is counted as soon as the receipt number is generated. Others are saying it is counted only after the receipt approval. 

They are wondering if they could select Option G for "Numerical Limitation Information" in exempt supplement form

 

[JoeF]

No. She doesn't have an H1, so there is nothing that could be transferred.

She is for sure not counted for the quota.

Company A can file an H1 for her in next year's quota, for a start date of Oct. 1, 2019.

And btw, if company A had a lawyer they would know that.