Urgent, please advise. - H1-B. change of employer

[soo]

What is the name of your state? NY

Hello, I am currently out of status; I'm in the grace period after the OPT ran out in early July and I must leave the US by early September. However, while I worked for Company A (on the OPT), I obtained a H1-B approved this April and which would take effect on Oct 1.

Now I have a job offer from Company B to begin working on Oct 1.

1) Can Company B now file for a new petition for me without subject to the cap?
2) Would the fact that I am in a grace period affect/jeopardize my change of getting a new H1B approved?
3) If I use a premium processing, can I get the approval by the end of Aug and leave out of the US before early Sept as required ?
4) Can I leave the US right after filing for the petition, receive the approval notice in my country and enter the US with a new H1B stamp late September?

I am so sorry to rush any of you, but I should get an answer to these questions by this afternoon so that I can decide whether to accept the offer. Thanks a lot!!

 

[ImmigAttyLana]

1. yes
2. no
3. yes, possibly (premium processing guarantees a DECISION within 15 days; it is not necessarily an approval. It could be a request for further evidence, which means that then the burden is on the petitioner to provide a response to the RFE so that the USCIS can render a final decision
4. yes

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

 

[soo]

Thank you so much, Lana!!!
Your answers relieve my worries. I think you are an angel.