H1B Clock Reset

[SGIII]

I am currently on L1 and the amount of time that i spent on L1 visa will be 5 years by Nov 2013.

If I apply for H1B in april 2013 and if that gets approved by Oct 2013, the maximum visa validity that would be given will be only 1 year(since i already spent 5 years on L1). So I am planning to go back to my home country, be there for one year and apply new visa so that my clock will be rest and would get fresh set of 6(3 + extensions) years.

So my questions is, when is the earliest time by which i can apply for fresh H1 having the clock reset. USCIS will determine maximum allowable stay on H1 at the time of applying the visa or by the time the new petition is approved? If it is at the time of applying the visa, then i would go back home by before april 2013 and apply during april 2014. If not I will stay here until September 2013(since i have L1 to staty) and then apply during april 2014.

Thanks for your valuable inputs.

[JoeF]

You would have to be outside the US for one year at the time a new H1 is filed for you.