H1B approved while on OPT...changing employer...URGENT!!

[gauravhawk]

I am currently on OPT with company A which is going to file H1B on April 1, 2010 with Premium processing. Now, if it gets approved and before Oct 1, 2010 (start date of my H1B) if I decide to change the employer (company B):

1) Can I use the approval notice from company A H1B to file a new petition by Company B before Oct 1 by using PP, assuming that Company A will REVOKE the approval before my new employer files a petition?

2) Does this revoke by company A cause any problems in using the approval notice (company A H1B) along with my new petition by Company B?

3) The reason I want to use the approval notice (company A H1B) is that I understand that if I use the approval notice along with my new petition (company B H1B), then I would NOT be subject to annual quota because I would already be counted once for that year. Right? Please clarify this too.

Any suggestions or answers would be highly appreciable.

Thanks
Gaurav

[shervin143]

1) Can I use the approval notice from company A H1B to file a new petition by Company B before Oct 1 by using PP, assuming that Company A will REVOKE the approval before my new employer files a petition?
>>> You can do that. Company A revoking the H1B later will have no impact since you are already CAP counted. Company A's petition will be no longer needed.

2) Does this revoke by company A cause any problems in using the approval notice (company A H1B) along with my new petition by Company B?
>>> Once you initiate the transfer to the new Company, you will no longer require company A's petition.

3) The reason I want to use the approval notice (company A H1B) is that I understand that if I use the approval notice along with my new petition (company B H1B), then I would NOT be subject to annual quota because I would already be counted once for that year. Right? Please clarify this too.
>>> Copy of the approval notice is enough to prove that you are already CAP counted. As long as you initiate the transfer before Company A revokes your petition, you are fine.