H1B Approved, Laid Off, Transfer to new employer before Oct 1

[gloubard]

Hello All,

 

I worked for a fortune 500 company (US grad, top school, Masters)
Due to corporate restructuring my department was shut and I was let go.

 

My employer promised not to take back my application which was approved (I797-approval, Consular Notification)

and I am on OPT extension (valid till Nov 2015)

 

I found another employer but the lawyer there says that your change of employer application could be rejected because it is cap subject!

 

My query is, I was selected in the lottery so what are the chances of the new application being rejected as I already made the cut.

 

It is an unfortunate situation and I have all my pay stubs from previous jobs (top companies) and am in status, is there no way I can have a solution?

 

Need inputs please.

 

Thanks