New H1B with old H1B Petition

[sudr]

Hi,

I work for an Indian IT company and deputed to US with H1B on Feb 2008 sponsored by my company. I stayed in US till Mar 2012 and went back to India in April 2012. I still work for the same company. I am thinking of getting a new H1B with another employer. I heard that I can get a new H1B with reference to my old H1B petition since I have not completed 6 years in US on my previous H1B without getting in to lottery system for 2013.

If yes, how soon should I do that? I got my old H1B in Jan 2007 but I entered US in Feb 2008 and got it renewed once in Apr 2009. Does this six year count starts from my Visa date or the date I entered US?

Please advice.

[cooldude76]

6 years starts from the date you enter US. As per your dates you still have approx 3 yrs left on your H1 period of 6 yrs.

Any employer can file for your H1 and that will be cap exempt. They can file anytime all the relevant documents are ready.