H1-H4-H1 and Cap Exempt if held H1B in past 6 years

USA H1B Visa
1

Hi,

I worked on H1 from Mar 2007 thru Mar 2009, and went back to India. I got back to US on H4 visa in Dec 2011. My question is when i apply for H1 again, will it be Cap exempt( i heard that if you have held H1 in prior 6 years you are exempt from the cap)

Also how early can i file? Do i still have to wait till 01-APR-2013?
And when can i start working? Do i have to wait till 01-OCT-2013 or since its continuation of the old H1, i can start as soon as i get H1 approval?

Thanks a lot for your time.

2

Yes you are eligible for cap exempt petition. You can file any time of the year you do not need to wait for 1st April and you can start working from your H1 approved date again you do not need to wait till 1st october