Does time spent on L1 count towards 6-years on H-1B?

[R_THOMAS]

Hello, I worked in the US on an L-1B visa from November 2008 - December 7, 2010. I returned to India before my L-1 visa expired and a fresh H-1B petition was filed for me on 25 November 2011. And I received my H-1B visa stamping and arrived in the US on May 12, 2012. I have stayed here continuously since except for a 1-month vacation to India. My company has started processing my PERM and the attorney who is reviewing my documents says that since my H-1B was filed just 2 weeks short of my continuous 1-year presence outside the US, they have to count those 2 years under L-1B also towards my current H-1B stay. I was under the assumption that if it would not count if I were physically present outside for 1 year which was true in my case (exit on L1: Dec 7, 2010 - entry on H1: May 12, 2012). Kindly help me with this urgently. Thank you!

[pontevecchio]

Your lawyer is right. If you stay out for one year and THEN a cap subject H1 petition is filed and approved, you regain your 6 years.

[JoeF]

The rule is that you have to be abroad for at least a year before a new H1 under the quota is FILED.

So, the lawyer is correct. The clock did not reset, and the  time on L1 counts toward the 6 years.