H1B transfer or Fresh H1B

[rayrahulguha]

Hi ,

First of all thanks to all the knowledgeable users of this forum. This is really helpful for newbies like us . Here's my question

I had an H1B petition from employer A which got expired but I never used it or got it stamped. Now another product company B is ready to sponsor me and is going ahead with premium processing on that old petition .The attorney's have told that this is possible because i had never used it and will not come under cap . Now , will this be considered as a new H1 or will it be considered as a H1 transfer and I will be able to start working after i get the recipt number

Regards,

Rahul.