Currently on l1b and need to move to h1b

[firecracker]

Hi, I came to us in march 2010 on l1b visa. I will max out 5 yrs on my l1b visa in May 2015. I will be moving back to India in April 2015. My questions is:

Can I apply for fresh h1b in April 2015 and if I get it through in the lottery then take a one year break in India to reset my counter and then come back to us In may 2016?

[jairichi]

To get 6 years a cap subject H1B petition has to be filed after you stayed outside US for 365 days. Date of filing matters and not date of entry.

[JoeF]

That won't work.

To reset the time, you have to stay abroad for a year and THEN a new H1 can be filed.