Unused H1B, transfer possible?

[kavent]

Hi, I've got a question regarding to H1B transfer, but my case might be a bit complicated.

Company A filed a petition for me back in 2007 and it was approved. But I ended up not working for the company so I had no pay stub no i797 either.

Since 2007, I had traveled to the US several time on B1/B2, and I am now a student on F1 visa in the US.

I got an offer from company B this year and they will file another petition for my H1B.

So my questions are:
1, Am I qualified to transfer my H1B visa to company?
2, If so, am I counted in the 2009 CAP?
3, My previous H1B was valid from 10/01/2007 to 09/29/10, does it mean that no matter I transfer my H1B or file for a new one, the two-year period would always be deduced from the maximum time that I am allowed to stay in the US on H1B?

Thank you very much in advance. Really appreciate your response!

Kevin

[txh1b]

Read the FAQs. Possible.

[kavent]

Thank you so much for your fast reply. I read the FAQ, according to my understanding, if my new company B files a petition this year, I will not be counted in 2009 CAP, even if I got no pay stub from A, no i797, no stamping. Is this correct?

Also could you please shed some light on my first question, regarding to the maximum time that I am allowed to stay in the US on H1B? Is the two year just gone?

Thank you so much!

[txh1b]

If you read the FAQ, then your understanding is totally flawed. Read it again. Once cap counted, you care not counted again for next 6 years. Read more about re-capturing period spent outside US, remainder option etc.