H4 to H1b Visa Approved but Layoff possibility

[stampwithgrace]

Hello - I was fortunate enough to move from an H4 visa to an H1b visa this season. Given that I also approval for an H1b which starts from Oct 1st, 2020. My H4 expires on Oct 13th 2020, so my H4 to H1b status will kick in on Oct 1st, 2020. 

Now given the fact that my H1b starts on Oct 1st, 2020 can I consider myself cap-exempt now? I am hearing news that layoffs are coming and I have a fear that I may be on the list. 

Let's assume worst-case scenario that I lose my Job in June 2020 can I transfer my newly approved H1b visa to a new employer before the Oct 1st, 2020 date? 

It's kind of a weird situation. 

Please help; 

Edited May 25, 2020 by stampwithgrace

[JoeF]

Unless you actually start working on the H1 for the original employer you are not cap-exempt.

[User099]

You need to work for the employer on H1 for you to be counted toward the cap. If you get laid off before Oct 1st, you will not be considered cap exempt.  

[stampwithgrace]

Hmm ok. 

I currently work for the employer who filed my H1b. But I am on an H4 EAD. So will I be considered cap exempt? 

I have been with them for 2 years. 

[stampwithgrace]

12 hours ago, JoeF said:

Unless you actually start working on the H1 for the original employer you are not cap-exempt.

I currently work for the employer who filed my H1b. But I am on an H4 EAD. So will I be considered cap exempt? 

I have been with them for 2 years. 

 

[gopalakrishnach]

Now given the fact that my H1b starts on Oct 1st, 2020 can I consider myself cap-exempt now? -- You cannot consider yourself camp-exempt. You will be cap-exempt when your first H1B starts and in your case it will be Oct 1st 2020. Until then you cannot consider cap-exempt.

Let's assume worst-case scenario that I lose my Job in June 2020 can I transfer my newly approved H1b visa to a new employer before the Oct 1st, 2020 date?  -- due to above explanation you cannot do transfer. If that happens you need new H1B next year.

[User099]

On 5/26/2020 at 12:44 AM, stampwithgrace said:

Hmm ok. 

I currently work for the employer who filed my H1b. But I am on an H4 EAD. So will I be considered cap exempt? 

I have been with them for 2 years. 

Dones't matter, you need to work for them after Oct 1st to active H1.