Worked on H1B till 2010

USA H1B Visa
1

I worked in US till 2009 on H1B. I worked for 3 yrs. due to some personal reasons i came back to india in 2009.

My H1 got expired in Dec 2010. 
1) Does it come under Re-Issue/Reopen[out of quota] for my old H1, as I utilized only 3 year of given 6 years OR come under regular fresh H1 quota ?
2) Is there any rule that we need to apply for re-issue/re-open of H1 only within 6 years from H1 start period ?  ....(OR)  we can apply re-issue even after 6 years
2

  1. Your employer can apply a new petetion and ask USCIS to exempt from the cap based on your old H1B.

  2. Yes, After 6 yrs you need to start fresh