Transferring unused H1B?

[insvikrant]

My H1B visa was approved on Oct 2008 & is valid until Sept 2011. Due to some reason, I had to quit my job. Before resigning, I tried to look for another employer to transfer H1 but no success. I quit my job on Apr 2010 and within 10 days, I left the country to avoid accumulating unlawful presence. I checked the status of my H1 and it is still not revoked and I am sure it won't be! Now, I am close to getting a job offer from another employer.

My concerns are:

1. Can I transfer my old H1 to this new Company? It is not revoked, is valid until 2011, I am not out of status (since I left the country in reasonable time), and have tons of payslips.

2. If I can not transfer, the employer will have to file a new petition? Wont be capped & can be filed any time, correct? Is it more work than a simple transfer?

[shervin143]

Irrespective of whether the previous petition is revoked or not, your new employer can file the H1B petition using the old CAP and request an immediate start date.

[insvikrant]

Thanks very much for your reply..