Do I have to claim unused time on my H1B or Can I come back early?

[Raj_UA]

I am currently on a cap-exempt H1B visa for an employer who is not willing to sponsor a green card for me. Now, my H1B visa expires on July 7th, 2016 (six years). I have approximately 4 months of unused time spent outside of US during last six years. After an unsuccessful NIW green case denied in December 2015, I am not left with lot of options for continuous employment with my current employer.

I have the following question with my current immigration situation:

My employer has agreed to give me leave of absence for maximum 12 months (without pay). I understand that I need to spend one year outside of US to get a fresh H1B visa. Do I have to spend full 1 year or can I use that 4 months of unused time towards one year and come back in 8 months?

Please help. Thank you in advance.

[pontevecchio]

Once you leave for one full year, your employer can then file a cap subject H1 petition for you. Unfortunately that will realistically make it 2018 as usually the cap is over by June or earlier. Even then you depend on getting through the lottery.