H1b petion file after another one struck in 221g


I have applied for h1b in 2011 it’s approved in Feb 2012 i went for stamping on Apr 11,2012 but they i have issued a 221g.

So now another employer ready to file h1b for me so do i need to file now so my questions are

  1. Can i file it right away i.e in Oct 2012 with premium process

or do i have to wait until Apr 2013

  1. My lawyer is telling that once an h1 is approved they can file at any time with out depending on regular quota is it correct??

Please help me with the above question

Thanks in advance