H1-B Transfer without pay stubs

[vkshar]

What is the name of your state? California
Hello..
I am a recent graduate, and my EAD- OPT start dats is may 21, 2007. I also got approval for H1-B Visa with a consultant company A, and the start date is Oct 01 2007. At this time, I have an offer for a full time position from another company B. There are three situations that I want to ask I can legitimately do:
1.Am I eligible to transfer H1-B from company A to company B on the basis of pay stubs dated before the start date of H1-B (oct 01, 2007)?
2. Can I transfer H1-B from company A to company B without any pay stubs at all??
3. Can I work on OPT untill May 2008 with company B, and apply a new H1-B with company B in the next year's cap (which will be approved on Oct 2008) and still not be out of status between May 2008 and Oct 2008 (Because OPT will end on My 2008) since I already have an H1-B approved from company A??

Reply is greatly appriciated....

thanks..

 

[ImmigAttyLana]

YOu can change employers and have the new employer file a H-1B petition on your behalf without being subject to the cap so it can be done at any time. But you cannot do it as a transfer UNTIL and UNLESS you are ALREADY in H-1B status and maintaining that status by working for the petitioning employer. If your H-1B has been approved as a change of status, then you cannot remain on OPT beyond October 1, 2007 since on that date, your status automatically changes to H-1B, as per the H-1B approval notice and you have to start working for the petitioning employer in order to remain in valid status. If you do not want to work for that employer, have the other employer file the H-1B petition on your behalf with 10/1/07 as the start date of employment.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.