Applying for H1B Visa for Oct-2012

[Supriya73]

I was on H1 in the US from Feb-2005 to March-2011 (same Employer). After that I went on H-4 till Aug-2011. I left USA in Aug-2011 and joined my present Employer in India.

Now my present Employer in India is planning to file H1 for me. Can they file it NOW OR do they have to wait till Aug-2012 to file my H1. The reason I am asking is if they wait till Aug-2012, the H1B cap might get over. Thanks in advance for your replies.

P.S. : When I checked on the internet, I am getting mixed responses to apply now or wait till Aug-12. But my worry is the H1B quota might get over by Aug-12. Pl help and Thanks.

[kabkaba]

There is mixed opinion on this issue. Your employer should consult an experienced attorney in order to decide.