US stay period on H1

[raghuru]

Hi

 

Here is my stay status, 

 

4/8/2006  to 3/15/2007   - L1B    341 days (11 months 8 days)

3/31/2007 to 09/30/2009 - L1B   914 days (30 months)

10/1/2009 to 10/5/2010  - H1B (L1B to H1B transfer same employer)    369 days (12 months 5 days)

 

10/5/2010 to 1/18/2013  - Stayed in India  836 days (27 months 13 days)

 

1/19/2013 to till Data  - H1B Cap Exempt

 

I applied for H1 extension and got validity till 2/7/2016.

 

 

Please let me know if my previous visit to US from 2006 to 2010 will be considered on my H1 ( close to 4.5 years) and I can stay only the remaining period ( close to 1.5 years) in US. 

 

Or

 

As I stayed in H1 only for 1 year in my previous visit (remaining 3.5 years on L1B) , I can stay for the remainder of 5 years.

 

My extended H1B has validity till Feb 2016.  

 

Please let me know.

 

 

[Attorney_10]

Generally, an H1B beneficiary is only counted against the H1B cap once during his/her 6 years of H1B employment. However, time spent on L1 and H1B both count towards the maximum 6 years of H1B time. If the H1B beneficiary has spent one full year abroad s/he has the option of either filing a new H1B petition to use the remaining time left from the original 6 years or to file a new cap subject H1B petition to become eligible for a new full 6 years of H1B time. Please schedule a consultation with an experienced immigration attorney to determine how much time you have remaining in H1B status and the other options that may be available to you.

[raghuru]

Hi

 

Thank you. 

 

When I am in US working on a L1 , my company filed an H1 in the year 2006 and go it approved. It had a validity from 2006 to 2009. I never got stamped nor Travelled on this H1. Will that be useful, to apply for H1 Cap exempt and travel again to US.  Please let me know.