Can we apply for second H1 while first H1 is in RFE?

I have applied for H1 this year(April 2013) through a consultancy XXX which is now stuck in RFE and I am not sure of the consutancy respondng to it corretly. I am currently in India and this is the first time I am applying for H1 visa.So now can I file H1 through some other consultancy under cap exempt quota or should I wait for the decision on the initial H1 an dthen apply?

you can file another H1 only after you havd your H1 approved atleast once in last 6 years