OPT to H1b approved , New offer,can I apply New H1B

[SUBMIT999]

I have my STEM OPT until Dec 4th 2011. While I was working on my OPT job, I applied for my H1 B Visa for 2011 through a desi consultancy and it got approved from Oct 1st 2011(Got my 797). I continued my work until Oct 15th, as my emp(desi company) told to continue and if I get the project I can move to H1B and start using that.

But now I got one more Full time Offer from a American company, They are ready to do H1B ,
What should I be doing in this case. Can I apply for brand new H1B? Or should I say it as transfer(I dont have pay stubs from that desi company) But instead I have pay stubs of my OPT until oct 15th(Pay is less).

Pleaseeeeee help me what can I do in this case.

SHould I say to the new company that I am on OPT or H1B.


Thanks in advance

[shervin143]

Did the H1B get approved with a new i-94? If yes, then you are currently in H1B status and no longer in OPT. You should be employed with the H1B employer and get paid. Otherwise you are currently out of status on H1B and a transfer is not possible. Employment on OPT is considered illegl if the H1B was approved as a COS. Consult an attorney.