H1B non –cap question

[padmaja82]

Dear Experts,

I have my H1B approved petition FY2008 quota, from employer A, however I dint get it stamped and dint travel to USA, it’s expired on September 2011.
Presently my new employer B is planning to file my H1B for FY 2013.
My questions:
1. Am I eligible for non-cap H1B quota? ( as I need to travel immediately)
2. OR I will come under regular quota and travel after October?

Thanks in advance!!

Paddu

[shervin143]

The new H1B petition can be filed using the CAP from the previous H1B approval notice with an immediate start date. GIve your new employer a copy of the previous H1B approval notice and they will be able to use that CAP.

[padmaja82]

Thanks