I129 expired (H1B petition) in 2011, should new employer apply for new I129 or apply for "change of employer"on the original I129?

[reachme121]

My I129 petition (H1B) was approved in 2008 under Masters quota but I came back to my home country in 2009. This petition expired in 2011. 
I have a new employer now in USA who wants me to start work immediately. Will my new employer have to wait till April 1, 2014 and file a new I129 petition or they just need to apply for a "change of employer" on the original I129 petition immediately. Please advise.

[jairichi]

My I129 petition (H1B) was approved in 2008 under Masters quota but I came back to my home country in 2009. This petition expired in 2011. 

I have a new employer now in USA who wants me to start work immediately. Will my new employer have to wait till April 1, 2014 and file a new I129 petition or they just need to apply for a "change of employer" on the original I129 petition immediately. Please advise.

Nope, you are cap exempt. A new employer has to file a cap exempt H1B petition and on approval with a valid H1B visa and new I797 you can enter US and begin to work for new employer.