H1b transfer or new filing

[vastav]

Hi:
My friend has the following situation. Appreciate any inputs -

1. His first H1b was filed in March 2002 - visa issued with expiration end Feb 2005.
2. Stayed in US from March 2002 - May 2003. Then left for India.
3. Came back to US on L1 in April 2010 and has been in US since then.
4. Now want to apply for an H1b (changing employers). Question is - will this be a H1b transfer case (since the original 6 years were not consumed) OR a new filing subject to quota?

Please help - since the FY 2011 quota is already over, don't know if the transfer case is valid. Thanks.

[shervin143]

He can use the remaining period in the old H1B petition. If he has a copy of the old H1B petition, then the new employer can file a new H1B petition under the old CAP #. He will get 6 years (minus) time that is already spend in H1B under that CAP (minus) Time spend in L1.