H1B transfer before Oct 1(OPT still active)

[nipbalger]

Hi

 

I have been searching at multiple places , but could not find a firm answer to my question.

 

This is my situation.

 

I work for Company A.

I have OPT-STEM Extension Until July 2016.

I have got H1B lottery in April 2015 lottery

I have received my I-797 for the same.

 

I want to stop working for Company A and Join Company B  before Oct 1, 2015 and in the process do not want to lose my H1B lottery.

 

Is this possible?

Can Company B apply for a H1B transfer before H1B is actually active??

The important thing is that I am covered under OPT while all this is happening.

 

Can anybody help me with any concrete info.

 

Any help is really very appreciated.

 

Regards

 

[jairichi]

An employer cannot file a cap exempt H1B petition before Oct 1st. If for reasons employer A withdraws your cap subject H1B petition (before or after approval) before Oct 1st then you are not considered cap counted and you will need to go under cap again.