H1-B cap quota

[nemog815]

Hi users and members of the forum,

I am on academic H1-B visa working as a research fellow. Now, I am looking for jobs to get into industry.

If I need to convert to H1-B industry which comes under cap, if I get a job in industry, when is the earliest that I can actually start working for the company. Since usually the H1-B filing date is April 1 and start date is October 1.
Does that mean I can only start working from Oct 1, 2012 in the industry ?
This year since the quota has not been filled completely so how does the filing work with respect to filing date and start date?

I have never filed for H1-B cap so this will be my first time. My academic H1-B will expire in a few months due to limited funding reasons.

Thanking you all,
Please advise.

[shervin143]

The CAP for 2012 is still open. If your employer files your H1B under the 2012 CAP and request an immediate start date, then upon approval, you can start working immediately. If the CAP gets filled, then you need to wait until April 1st 2012 to file the H1B under the 2013 CAP. In such case, you can start working only on Oct 1st 2012.

[nemog815]

Thank you shervin143 for your prompt reply.
Ok, this is very useful information.

[kabkaba]

Actually in your case since you are transferring H1, you can even work with receipt notice and there is no need to wait for approval. But, if new company's H1 is denied you will be out of status in that case. So you can follow the above advice and start working after approval.