Labor and PERM on 6th year with new employer

[eehtas]

Dear friends and immigration stalwarts , 

I'm about to max out H1B visa by June 2018. My current employer failed to apply Labor or PERM for me until now. I'm exploring an option to have a new employer start my PERM processing now, But i'm hesitant and want your advice before committing to the new employer

My Labor or PERM will not be approved before my max out time, so I will move back to India as planned in June or before. If the GC processing continues with my new employer and assuming my case goes un-audited and I get my I140 approved end of this year.

Will I be CAP exempt and can I travel back to the US with my new employer within 365 days   

If not, should I have to stay 365 days outside the states? when can i apply for a new H1 in this case?

Is there any benefit in taking this approach over a fresh H1 petition after 365 days outside the US