H1B approved petition but never used

[lisha]

Hi,

I have an approved H1B petition filed by one of the Desi companies in 2009. It is valid until 8/2012.
I was never on payroll with this company and never used this H1 B.

I have been employed with some other company and currently working for them on L1B.
Now I want to get onto H1 since my L1 assignment is coming to an end.

I have following questions.
1. If I find a project and new company wants to file my H1, Will it be a transfer of H1B OR filing a new petition again and going through approval process ?

Appreciate your inputs.

Thanks,

[kabkaba]

Transfer and new petition are essentially the same thing. The only difference is that in case of transfer, the beneficiary is already counted against annual cap and hence it can be filed with immediate start date and even if annual cap is closed. There is no difference in processing times or documentation requirements.
Your new employer can file a cap exempt petition for you using the previous petition at any time. You can start working for them after change of status to H1 is approved.

If you want to join the same employer which filed your H1, they will have to file petition amendment to change your status to H1 or alternatively you can leave the US and return with your existing H1 Visa (unless canceled) to work for this H1 employer.