Help: OPT & H1B

My OPT will start on 10/20/03 and expire on 10/19/04. The company wants to file the H1B petition for me now. But the lawyer suggests me to take the advantage of OPT and file a petition next year requesting Oct. 2004 as the start date. In that case, it'll be counted toward Year 05's quota.
Shall I use my OPT and file the H1B petition next year, considering the quota left for 2004 is not a lot?
Thanks for your kind help!