H1B Cap Exempt - Unused Expired H1B petition

Question

Hi,

 

I have an Approved H1B petition filed by Employer A in 2008 and this was valid from 1^st OCT 2009 to 1^st SEP 2011. Also I got H1B Visa stamped in my passport but I never travelled to USA using this Visa and this Visa was cancelled by Employer A when I left the organization. Now I got an offer from one of the Desi company located in New York. They told that my H1B petition is valid to transfer it so we are ready to file the LCA by month of January once the project is ready for you. And Also they are asking me to pay for the Attorney fee around 1000 to 1500 dollars.

 

Now My Question is,

 

1.       is my existing expired H1B petition is valid to transfer it to other Employer under cap exempt this year while I’m India and also not used this petition before.

 

2.        If it is possible then how long I can use this to file under H1B cap exempt.

 

Please advise me to proceed further.

 

Thanks,

Kamal