H1 Cap

[akoncha1]

I have stayed in US for 5years with my current H1.
Due to some personal reasons, I have to go back to India for 1 year.
My H1 will be revoked during this time.
If I have to apply for a new H1 after a year,
Does it go under the new H1 cap and should it go for the lottery?

[raghvi]

I have stayed in US for 5years with my current H1.
Due to some personal reasons, I have to go back to India for 1 year.
My H1 will be revoked during this time.
If I have to apply for a new H1 after a year,
Does it go under the new H1 cap and should it go for the lottery?

It's up to you. If you use the same H1 petition to claim cap exemption then, if approved, you would get H1 only for 1 year. If you decide to go for fresh H1 which may be subject to lottery, then , if approved, you can get for fresh 6 year term.

This is my opinion not legal advice.