H1B transfer - pending consular notification

[Wenjun]

Hi,

I graduated from a U.S. college last year and currently working for Company A for a year now. This year April, I got selected by H1B lottery and used consular notification. This month, I got offered a new position at Company B and wish to work there. Company B doesn't want to wait until my H1B is approved (October 1st).

1. Is there any way I can transfer/port my H1B from Company A to Company B earlier than October 1st?

2. I read at other places that if I used consular notification, Company B can file a new (cap exempt) application for H1B for me and does not need to wait until my current H1B gets approved, is it true?

[xTDx]

5 hours ago, Wenjun said:

1. Is there any way I can transfer/port my H1B from Company A to Company B earlier than October 1st?

 

Yes if you have an EAD (OPT based  EAD etc) , however your F1 will be changed to H1b on Oct1st automatically making your OPT-EAD useless.

 

5 hours ago, Wenjun said:

2. I read at other places that if I used consular notification, Company B can file a new (cap exempt) application for H1B for me and does not need to wait until my current H1B gets approved, is it true?

You read wrong. You will have to work for Company A (assuming it filed your cap subject H1b that was selected in lottery) for at least a day or two to get paid and be eligible for a cap exempt transfer to a different employer.