H1B during cooling Period


I was in US on L1B Visa and exited US on 3rd September’21 as my L1B tenure(5 Years) was maxing out on 26th November’21. My Question is

If I apply for H1B registration in 2022 and my registration got picked up in lottery , what will be my max tenure on H1B ?

Will it be 6 years (Happy Scenario) as I will be entering US again only after 1st October’22 after cooling period of 1 year?


Will it be 1 year as my petition will be filled within one of my exit date?

My understanding is that because you are applying within 365 days of your exit, H1B may be only approved for the remainder of 1 year. To be able to qualify for full 6 year term, you need to apply after Nov’22 assuming you left on 26th Nov’21.