Expired H1

[ksppkan]

Hi.

I had an H1B in 2008 which got expired in Sept 2009 from Company A.

I lost job in US and then came back to India. I got a Job with company B.

Recently my L1 B was rejected and Company B says they would process my H1.

Can I use the same expired H1b of Company A to get a new H1b from company B?

Or do I need to apply once the H1B quota opens up?

Thanks.
Krishna

[kabkaba]

Your current employer can use the cap number from previous petition to file a cap-exempt petition with immediate start date for you. After petition approval you can apply for the Visa at a consulate and then travel to US.