Query on switching from Tier2 ICT to Tier2 General

[jigiboy]

I have been reading this forum and I have seen a lot of queries regarding switching fromTier2 ICT to Tier2 General. But I have not been convinced about the answers

On the UKBA site it says we can switch to Tier2 General under the following circumstances:

Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor
Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor

These are stated as 2 different statements

Q1-As I understand its about switching a sponsor. If my current sponsor is willing to let me go then I don't see a reason why I cant change?

Q2-In case I come back to India I have to serve a cooling period of 12 months. Can I apply for a visa before 12 months and then enter UK once the 12 months cooling period is over?