Transfer from cap exempted to cap subjected H1B

[kallu]

Hello,

Now I am on cap exempt H1B visa petitioned by an University. An employer B is willing to file a petition for regular cap subjected H1B in April, if approved, it would be effective from October. Here, I have a situation. My new employer is unsure about the availability of the position by October.

My questions are:

1) if my new cap subjected H1B is approved and there is no position available with employer B by October, will my old H1B will automatically be cancelled from October (of course, my old employer will not know about my new H1B filing and he will not revoke).

2) If my new H1B is approved and there is no position with employer B, Can I still work with my old cap exempt H1B employer ?

3) If my new H1B is approved and there is no position with employer B, but I can find employment with employer C, in that case can employer C transfer my H1 from employer B.

Please reply. I appreciate your help in advance.

[JoeF]

If the position is not available by October, the employer would have to inform USCIS and get the petition revoked.