H1 + L1 6 years, return after 1 year reusing H1 time left?

[satishkar]

My case is a below

H1 Aug 2001 to Dec 2001

Entered US on L1: Feb 2008

Switched to H1     : Aug 2011 (applied based of previous H1)

 

Might have to leave US in Feb 2014 after 6 years, PERM not approved yet.

 

Question:

The total time I spend on H1 only will be about 3 years, but combined L1+H1 is 6 years.

If I leave US and stay outside for 1 year after Feb 2014, can I apply for new H1 based on the remaining time of the H1 (~3 years). i.e apply for H1 without being counted in the cap limit?

 

If that is possible I don't have to wait till April to apply for new H1, go through lottery and have to wait till oct to start work.

[JoeF]

No, it doesn't work that way. The time would be up. There wouldn't be any 3 years left over.

An employer would have to file a new H1 under the quota.