H-1B Transfer While On OPT

[fsabeen]

I need immediate help please...I am on OPT right now which is valid till May 8, 2008. I started working for my current employer on May 14, 2007 on my OPT and they filed for my H-1B which was approved on June 27, 2007 but is going to get effective from October 20, 2007. Now I want to change my employer. My question is can my new employer file for H-1 transfer before October 20, 2007. I know the H-1B start date will still remain the same but I can always start working for the new company on my OPT.
So is it possible to file for H-1B transfer before the effective date of the visa? I have my pay stubs from May 2007 to now as I was working on OPT.
Secondly, it this really risky?

[Mr. Knowitall]

If you don't start working under your H-1B, you cannot "transfer" your H-1B. Your second employer can separately apply for an H-1B visa for you.

[fsabeen]

Does my second employer have to file for a new H-1 under the yearly quota or can they do that any time?

[aaron]

If your original H-1B employer is not cap-exempt (e.g, a university or certain non-profits associated with institutions of higher learning), then you have already been counted against the cap. I've not researched this exact situation (applying for a second H-1B before the start date, as opposed to a "transfer"), but it would be reasonable for the same policy to apply, as the underlying issue (your being counted against the cap) is the same.