Already in USA on H4 .Filing new H1B.When can i start work?

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I am in USA on H4 visa with EAD . Found an employer who will sponsor my H1B for 2021. 


My questions .

1- The employer will be filling under new H1 Cap  or under Cap exempt ? (I never had any previous H1 approved )


2- If it is new H1 B Cap filling , Can i start work immediately once the H1 is receipt is obtained? or wait till October as that will be the start date of the H1?



Please confirm





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