2nd time H1B start date

[gauravhawk]

I was in US on H1B till April 2011. After that I came back to India for some reason. I am getting a job offer now from a different company in USA and would need another H1B to enter USA. In such a case do I need to wait until October 1, 2012 to start the work or I can start immidiately also upon my H1B approval? Pls clarify.

Thanks
Gaurav

[kabkaba]

No, your new employer can file a cap-exempt petition requesting immediate start date. After that is approved, you can apply for Visa (or use the previous one if valid) and travel to US to work for this new employer. This assumes that you have not spent more than 6 years in the US in H1 or L1 status.