Can I use unutilized portion of an expired H1B?

[info_seeker]

Hello,

 

Background:

- I entered first time in US on H1B visa in Sep 1999.

- Completed my work assignment and returned to home country in Sep 2001.

- I came back to US on 29-Mar-2003 under a NEW H1B visa.

- Completed my H1B assignment and left USA on 24-Jun-2007 and returned to home country.

- My H1B was valid until 28-Mar-2009 (per the last extension that was filed in 2007).

- I had a little under 2 years of unutilized duration on this H1B (including my vacation days when I was out of USA).

- I came back to US after 5 years in Jul 2012 under L1A visa and working in US since then.

 

Question:

Can I use my unutilized portion of the expired H1B in 2009 and file for an H1 transfer and work for other employer without having to go thru the H1B Quota/CAP for this year (starting from 1-Apr-2013)?

 

Appreciate any help on this matter. Thanks in advance!