H4 to H1 after petition expiry

[penname]

Hi,

my H1B petition was approved in Oct 2009 for employer A but I never worked for the employer. I transferred the H1B to employer B in Jan 2012. The petition approved for employer B was valid from jan 2012 to jab 2013.

I worked for employer B on H1b for 8 months and then converted to H4.

1. Will I be able to transfer my H1B petition to another employer if i decide to work again on H1 after the expiry of h1B petition in jan 2013 i.e. if i want to start a petition in feb 2013, would i still be counted within the CAP or will it have to a completely new petition?

2. Will i still be eligible for H1b petition transfer (within the CAP), even if employer B decides to withdraw the petition?

3. How long after the petition expiry can i still apply for H1b transfer?

Thanks

[vikky123]

Once you get the H1 for the first time then you don't have to wait for the quota to apply H1 for second time