Q on H1B time reset


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So here's my situation...

- 6yr H1B was to expire on July-30, 2013

- Departed US on July-15th, 2013 (technically still have 15 days left on my H1)

- Working for same company in Europe eversince

- Have stayed out of US for > 365 days

- PERM application pending for more than one year

- Too many PERM petitions filed by my employer have been audited

- Spouse working in US on H1B


Question is...

- If I take a sabbatical from my job and return back to US on H4

- and request current or some other future employer to apply for fresh H1 in Apr-2015

- would I be eligible for a further 6yrs H1B visa?


I understand...

- that new H1 will allow me to start work only on Oct 1st, 2015

- that I can return back to US on a 1yr H1 since PERM is pending for more than a year

- but do not want to take the risk of getting stuck in audit/SR limbo


Would be very grateful for all those folks sharing their domain expertise!




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