H1B petition validity after completion of L1B term

Hi I was in US on L1B for 4 and half years. In 2012 my company applied for H1B and I received approved petiotion with around 16 months validity. However I had to travel back in end of Jan 2013. I am getting another opportunity to go there. I have couple of questions -

1> If I go now, can I file for the extension for my stay in India ?

2> If I don’t go and wait till Jan 2014 (1 year outside US) will it reset my clock and can I stay there for 6 years ?

3> If #3 is yes, do I need to file petition again ?

Please advice. Thanks !

  1. Yes, an employer can file for an extension to recapture the time spent outside US. If you traveled outside US during L-1 tenure, then that time can also be recaptured in the new petition.

  2. Yes, you can. But you will have to go through the cap as well beside staying outside US for more than 1 year

  3. Yes, a brand new petition to be filed in April 2014 which will be subject to cap/quota/lottery.