Question regarding transferability of cap subject H1-B

[Satishroy]

I am currently on a cap-exempt H1-B. If I manage to get my cap-subject H1-B filed for on 4/1/2013 and approved later, is it true that I can start working for my new employer immediately without waiting until 10/1/2013? I am aware that if the fresh H1-B application gets approved before 10/1/2013, then I need to stop work for the new employer if I have already started, and resume on 10/1/2013.

Once I am counted against the cap, can I have future employers file for cap subject H1-B any time during the year regardless of whether or not the cap for that year has been reached, and start working for them immediately without waiting for the H1-B to get approved?

[JoeF]

As per the H1 transfer rules, you can work for the new employer while the new H1 application is pending.

When the new H1 is approved, its start date will be Oct. 1. So, that means that when the new H1 is approved, you will have to stop working for the new employer, and you can only start again on Oct. 1. Note that unless you go back to the old employer (or change to some other status), you would be out of status, i.e., illegal, which would result in lots of problems for you.

So, practically, the only realistic options are to work for the old employer until Oct. 1, or leave the country and come back on Oct. 1.

[Satishroy]

Once I am counted against the cap, can I have future employers file for cap subject H1-B any time during the year regardless of whether or not the cap for that year has been reached, and start working for them immediately without waiting for the new H1-B application to get approved?