H1B and I94 Expired Last Year. Is transfer possible?

[juniorbansal]

First of all forgive me if this question has been asked previously. I had searched the forums and couldn't find a situation similar to mine.

I was in the US from January 2007 to January 2009. I worked for 2 employers. I had visa stamping and I94 of company A in my passport and I797 and I94 from the company B. I don't know whether company A canceled my visa or not when i left them as i had I94 and approved petition of company B. I never went out of the US in those 2 years so didn't require company B's stamping in my passport.

Later company B went bankrupt and canceled my visa. I went out of US immediately.

Now company C has approached me and telling that they will file a fresh H1 for the year 2011. But since i already have an expired H1 they can do a transfer now and the same can be done in premium processing. The time lines suggested is like 2-3 weeks and after that i can take a emergency stamping appointment and get a new stamping.

Is this true? Can a expire H1 be subjected to H1 Transfer (I understand that there is no such thing as H1 transfer and everything is a new H1 but not subjected to cap)

Experts please advise.

[sk4ih]

If you don't have any valid H1, new employer has to apply for new H1 in April.
H1 transfer is valid only on valid H1s.