H1B Start Date

[applicant_nv34]

Greetings,

I used to work for a start-up. I am currently on my STEM OPT, it is valid until Sep 2020. They have applied for my H1B, it got approved in July 2019 and comes into effect from Oct 1, 2019. I lost my job in 1st week of Aug 2019. I could find a new job by last week of Aug 2019.

The new employer said they can make use of approved H1B. The new employer said they can apply for new H1B (Consular Type), only after Oct 2, 2019, and asked me to go to India to get it stamped and then join. The whole process would take more than 2-3 months given the VISA appointment dates in India are really tough to get. Is there a better way to convert my current H1B, so that I can start working soon.

Thank you in advance.

 

[applicant_nv34]

Greetings,

I used to work for a start-up. I am currently on my STEM OPT, it is valid until Sep 2020. They have applied for my H1B, it got approved in July 2019 and comes into effect from Oct 1, 2019. I lost my job in 1st week of Aug 2019. I could find a new job by last week of Aug 2019.

The new employer said they can make use of approved H1B. The new employer said they can apply for new H1B (Consular Type), only after Oct 2, 2019, and asked me to go to India to get it stamped and then join. The whole process would take more than 2-3 months given the VISA appointment dates in India are really tough to get.

Thank you in advance.

Following are my questions:

a) Is there any way to expedite the process, so that I don't have the gap in my employment?

b) If the consular VISA applied by the new company gets an RFE and takes more time, will it count towards my H1B unemployed days? 
c) What will happen if the consular VISA applied by the new company is rejected? Will I be still able to go back to my STEM OPT?

d) Is there any other options I have to safely switch the companies.

Edited September 7, 2019 by applicant_nv34
added a new question

[JoeF]

The new employer is wrong. The H1 is gone. A transfer would only be possible if you would start working on the H1 foe the original employer.

And you can't get it stamped because the H1 job no longer exists. It would be immigration fraud. An employer who suggests this is beyond shady. Stay away from these frauds.