H1b transfer when I am on Cap-GAP with EVC model

Question

I am on Cap-Gap. I have already got approval of my H1B starting from Oct 1, 2013. I am in EVC Model. I want to get my H1B transfer. I have already found a new employer & they're ready to transfer my H1B.

I am trying to change my employer- where in client and vendor are same.

1. Is it possible that I can ask my new Employer to do initiate H1B transfer during cap gap? If Yes, is it risky? Shall I wait until my H1B starts & then initiate H1B transfer?

2. If I get H1B transfer done in a month or so (PP) from now, can I start working for new employer right away or I'll have to wait until Oct 1?

Answer 1

You are not subject to the H-1B cap. A new employer can sponsor you for H-1B status, and there is no need to wait until October 1st to start working.