H1-to-H4-to-H1? within 6 years timeframe

[sbjv]

Hi,

I have one question on H4 to H1 porting. Your help would be much appreciated

2007 Apr : Applied for H1B (until this time i was on H4)

2007 Oct : H1B approved

But came to know that i have conceived

Immediately moved to H4 with a day gap by applying

I-539(guess)

Now it is 2013 and my kid grown up and i am ready to do work. Can i apply for H1B without 65,000 quota limit ? I heard within 6 years if i move to H1B then it won't come under 65,000 quota limit.

If this is correct then how much time i have ? Can I move within 2013 October considering that i will be finishing 6 years by then ?

Much appreciated your inputs on this

Regards

Sridhar.B

[pontevecchio]

You have been cap counted. You can have a sponsor file your H1 petition anytime and start on approval with COS or after leaving and coming back with the visa after approval.