I don't think you are right

H1B is for first time H1 application. Only the following types of H1 will be exempt from the cap:
H1 Extension
Second H1 (for those who already have H1 and need another H1 for another job)
Change Employer/or in the same company, but have some job function changes
H1 for non-profit companies, research dept. of governments, or in educational fields.

For this guy here, I believe he will need wait until Oct. to work legally.