You should really consult with an attorney over the phone or Skype. Unfortunately, this forum is not suitable for specific legal advice.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
If you have been outside the U.S. for over one year (which you have if you left in SEptember 2012), then you are eligible for a new H-1B visa with 6 years availability. You have restarted the H-1B clock so to speak by staying outside the U.S. for 1 year. If you try to re-enter using the remaining 45 days that you have, you would not be able to avail yourself of the resetting the H-1B clock. Of course, since you will be applying anew, you will have to be counted against the cap again so you wouldn't be able to be sponsored until April 1, 2014, for an October 1, 2014 start date (unless you intend to work for a cap exempt company such as a non-profit or university, etc..
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Call a good/ creative immigration lawyer to recommend options. These cannot be recommended in the abstract without analyzing your resume and your background and your personal immigration goals. There is no way around a private consultation with an attorney if you really want solid advice that's going to help you.
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