New H1B after staying outside US for 365 days

[satguru1]

My employment summary:

On L1B - July 2007 -Jan 2010.
On H1B - Jan 2010 - June 2010.
In India awaiting 221g AP ( July 2010 - present )- 300 + days and waiting.

My H1B petition states that I can work untill Oct 2012.And hopefully if I get the H1B Visa stamping will also have Oct 2012 date.Now if I happen to go back to my employer after waiting for 365 out of US, What are my options?

Can I apply for 2 more years of H1B extension after Oct 2012?Just to recapture the lost time spent in India?.
Can I file for a fresh H1B in the 2013 cap after reaching US and continue employment after Oct 2012 in the next year`s cap ?

Please help with your suggestions.
thanks,

[shervin143]

Can I apply for 2 more years of H1B extension after Oct 2012?Just to recapture the lost time spent in India?.
>>> Yes. H1B CAP in total is for 6 years. Only the time spend in U.S in H1B + L1 status counts towards the 6 year period. You can recapture any time spend outside U.S by providing proper proof like flight tickets, copies of I-94, entry exit records in passport etc.

Can I file for a fresh H1B in the 2013 cap after reaching US and continue employment after Oct 2012 in the next year`s cap ?
>>> You do not qualify for a fresh H1B 6 year term if you enter U.S now in the existing CAP. If you enter U.S in the existing CAP, then after spending 6 years in that CAP, you have to leave U.S and spend 1 year outside to qualify for a fresh 6 year term. Alternatively, your employer can file a new H1B petition and when that gets approved, you can enter U.S on or after Oct 1st which will get you a fresh 6 year term. You can use the new petition with the old valid H1B visa (assuming the 221g gets cleared and visa gets stamped) to enter U.S.