After exhausting 6 years + taking one year break can i come back on H1 which got approved in 4th Year.

Hi All,

I came to USA in Jan 2010 on L1 and in 2012 employer filed for H1B and change of status took place in Oct 2012.

My question if i continue to stay on H1b and don’t participate in green card processing then in Jan 2016 i will complete my stay of 6 years and need to go back.

After staying out of USA for one year can i come back in Jan 2017 using the same petition which got approved in 2012.

I believe if you are selected in H1B lottery you are cap exempt for next 6 year so i can come back in Jan 2017 and can stay till oct 2018.

please help me by sharing knowledge. Thanks in Advance