H1B transfer or fresh applicant


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I have been in the US since 2001.I did my Masters too in the US. I got my initial H1 in Jun 2006. And subsequently got the H1 renewed for the full quota of 6 yrs until Aug 2012. But in Oct 2010 I had to come back due to a few personal reasons. And, I am outside of US for more than a year now.

I spoke to a Consultant a couple of days back, and he mentioned that since I had the original Visa until 2012 and also as I am outside of US for more than a year, I could apply anytime and would get a fresh H1 which will be valid for 6 yrs under H1 transfer and not as a fresh H1 applicant. He mentioned that I can apply anytime and need not wait till Oct to come.

I would like to know if what he said is true.

Please let me know as soon as possible.

Thank you

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