If you were my client, I would have an H-1B Petition ready for filing on April 1st, 2013 with a start date of October 1st, 2013 as you are indeed subject to the numerical cap. You would be eligible to request 3 years of H-1B status given the approved I-140.
This information is provided as a courtesy based upon the limited information provided in your post and does not constitute an attorney-client relationship.
Whether your employer can petition you for an H-1B depends on the requirements for your position as well as your qualifications.
Is it true that H1B is not subjected to Quota if Labor and I140 is approved?
No, it is not true. An approved I-140 merely permits one to continue extending the H-1B after reaching the sixth year.
Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.