Recapture H1B Unutilized time after 12 months cool off period

[lava.gummadi]

Hi,
I have entered US using L1B visa in May 2010 and stayed on L1B until September 2013
My company filed H1B under CAP and its effective from October 2013. Now my max out date is July 2016 completing 6years on L+H visa using all recaptured time.

My question is if I stay for an year outside USA after completing 6years rs in US, can I use the same H1B petition that I got approved in 2013 to come back to US in Non CAP category, say in September 2017 since I did not use complete 6yrears of H1 ? is that possible? Please note I am not looking for full advantage of 6 years again, i am just looking forward just to recapture the unutilized time of H1B.

I have already posted this question to my company attorneys and they said, it is possible and i do not have to go through the H1B CAP process again. once a H1B is issued you can use it for 6 years, even if you maxed out [ your L1B stays also counts] once can recapture the unutilized time of H1B after12 months cool off period.

I am posting this question here , to get the second opinion from experts of the forum.

Thanks in Advance
Lava Gummadi

[lava.gummadi]

can someone please advise.

[raghvi]

can someone please advise.

No you cannot. The H1s 6 year limitation has been fully utilized even though you have not spent 6 years in H1. The L1 time is clubbed along with the H1 hence the time has exhausted. You need to go through fresh cap in order to get new H1. Or you can try L1 again if you are eligible.

This is my opinion not legal advice.

[lava.gummadi]

No you cannot. The H1s 6 year limitation has been fully utilized even though you have not spent 6 years in H1. The L1 time is clubbed along with the H1 hence the time has exhausted. You need to go through fresh cap in order to get new H1. Or you can try L1 again if you are eligible.

This is my opinion not legal advice.

I am not an expert on this process, couple of my company attornys said was -
1. When a H1B is issued, its valid for 6 years use but how one makes use of full years, it is case to case basis
2.When a candidate already spend sometime on L1B , candidate can not make use of H1B for a continous stretch of 6 years beacause of max out clause of 6 years but H1B is still active for later use
3.when a candidate spends 12 months outside of US as a cooloff period it will unlink the clause of L1B and H1B. Only the time apend on H1B will be considered for any future submissions
4. After 12 months cooloff, candidate has an option to file H1B extention under exempt to regain the remaining lost time on H1B due to max out clause
Or
As another option, candidate can always go for new H1B in cap to get full 6 years advantage
5. They are already submitted few cases like this as an exemption and it resulted a success

Now i am really confused, what is true. Is it possible that attornoys might be submitting only the stays in H1B and getting extention under cap exempt? Is that legally acceptable?
There might be succeess in few meand but its always possible that it may not be an acceptable pratice?