回複：mytwocents, please see the question

I studied the law and the memo again. And I still think that H1-B protability from nocapped case to capped case is doable. The H-1B portability requires only three conditions. It never says that under these three conditions and be otherwisely qualified. I already pointed out in one of my previous post that New H1-B needs to start after 10/1, the authorization of H-1 tranfer must come from old H1. So INS' intepretion is very important. They can resolve the conflict by, for example, holding your H-1 until 10/1. In the meantime, giving you authrization to work for the new company under the old H-1B.
If you want to try, write to INS odsttsman about this issue. His response will be of authority.