H-1B approved but not used, can I re-utilize it?

[cycloxt]

Hi
While working under a different visa, my former company applied for H-1B on 2009 and it was approved. Before October that year I left the company, so I never used it, but I got the I-129 approval form for the H-1B. I have since been on H-4. Now I have a new potential employer and I would like to know if I can use that previous application so as not to enter this year's cap (2012) and start working sooner than Oct.
Thanks!

[kabkaba]

Yes, new employer can file a cap-exempt petition using that cap number.

[cycloxt]

Thank you

Thanks for your quick reply. Do you have an idea of the timeframe for this? What would it entail?

[kabkaba]

Timeframe is no different than any other petition. New employer will need a copy of previous receipt/approval notice. If they hire an experienced attorney, they should be able to manage it easily.

[cycloxt]

Thanks again

Thanks...

[cycloxt]

Employer's lawyer says otherwise

Hi again,
My potential employer's lawyer says that if I have not worked in the last 12 months period using the H-1B, or more precisely not having pay receipts from the past 12 months, means I cannot obtain the H-1B with my petition approval, and that I would have to apply under the 2012 (or 2013) cap, thus starting work in October. Is this accurate?
I suspect that I might not be able to just do a CHANGE of employer because of the 12 months requirement, but that I can apply out of the cap and start employment sooner, say in a month from now. Does this make sense?
Thanks again!

[kabkaba]

Your employer should get better lawyers. Paystubs are required for the period you were in the US in H1 status not for any other period.
You can consult your own lawyer and have them talk to your employer/their lawyer.

[cycloxt]

Will try to get my lawyer to call them

Your help is much appreciated, since you confirmed what was my general understanding of the situation. I contacted my lawyer and we will try to have the company speak with her about the matter. Best.