Out of quota H1b in 2013 while having approved H1B for 2012?


I am in India. I got an H1B approved through a consultant company ‘A’ for year 2012. But consultant company is not able to find a suitable project for me so I never came to US.

Now lets assume if i get a job offer from some other company ‘B’ after 2013 visa cap is over/exhausted.

Can B company file a new ‘Out of quota- 2013’ H1B for me as I already hold an approved petition for 2012? Can I immideatly start work in any month in 2013?

H1b transfer is not possible in my case as I never worked on my H1b that I got through company A.

H1B transfer is infact possible for you if you have the approved petition number from company A. If you have that then you do not need to go thru the cap again.