Using I797 after 5 years in India

[miscshashi]

I got my H1 in 2008 and got Visa stamp in same year and went to US for couple of months and came back due to family reasons and was working in India till then. As I did not complete my six years on my previous H1B can my new/old employer file for I797 on old one itself or do I need to apply for new H1( H1 quota got finished for this year, so need to wait till next year)

Thanks in advance

[pontevecchio]

^{That is possible.}