Fresh H1 or L1 to H1?


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I am currently on L1 and aim to be on H1B. Here is my US stay details. Please let me know if filing fresh H1 makes sense or just changing L1 to H1 status.


1.       I stayed in USA for 3.5 years on H1B visa from Apr-2007 to Jul-2011 but my last H1B petition was approved till April-2012

2.       Then went out of USA for 2 years.

3.       Then came back to USA on L1A visa in Jan-2014 and applied GC-EB2 and got an approved I-140. 

4.       So a total of 5.5 years stay in USA of which 3.5 years is on H1B and 2 years in on L1A.


My question is:


1.       Can I revive my earlier H1B and file a COS from L1A to H1B or I have to file a fresh H1B this year?

2.       If I file COS, will I get a 3 years H1B based on my approved I-140

3.       Can I only revive my H1B in next 6months till my total stay in USA becomes 6 years. Someone in my company told me that I can review my H1B till 2017 (2011 + 6 years) under out of cap and though my US stay would be more than 6 years and I would have used up my remaining 6 months, I will still get a 3 years extension because I have approved I-140

4.    Did my staying out of USA for 2 years reset my H1B stay counter?





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