Converted L1 to H1. Employer says cannot extend H1....Please help

[jimmysalla]

Hi,

I have travelled to US for the first time, in Mar 2005 on a L1B visa. In Oct 2006, got my L1 converted to H1 as part of 2006 CAP. Travelled back to india in Dec 2006. (Total duration of stay - 22 Months : 19 months on L1 Staus, 3 months on H1 status. )

Stayed in India for 13 months and travelled back to USA on same H1 petition in Feb 2008. It has been 4 years since i am in USA and had two extensions.

All through i was with the same organization.

My employer applied for my recent extension only for 5 months upto March 2012. He says i was in USA for 22 months in prev trip and it will be 50 months in current trip and i cannot stay more than 6 years in USA.

Is this true?

As i was in India for an year, doesn't the counter get reset ?

Also as i was on L1 initially will not my H1 CAP counter start from Oct 2006.

Kinldy suggest your thoughts ASAP, and guide me what can be done to extend my stay further in USA.

Regards,

Jimmy.

[JoeF]

Since you used the same H1 to return, the H1 counter did not get reset.

It would only have gotten reset if you had gotten a new H1 under the quota. You did not, so your 6 years are coming to an end now.

To get another 6 years, you would have to stay abroad for a year and then you can get a new H1 under the quota.

[JoeF]

Oh, and the time on L1 and H1 is combined.

All this is well-known, has been well-known for years and years. Why did you not educate yourself about this earlier?