Total time available on my H1B visa

[asiingh]

Hi,

Entry date Exit date No of Days Total duration Visa Type
1 28-Apr-07 11-Apr-08 349 days 1 year L1B
2 26-Apr-08 1-Aug-08 97 days 3 month 1 week L1B
3 19-Aug-08 8-Jul-09 323 days 11 months L1B
4 21-Aug-10 23-May-13 1006 days 2 Year 9 months H1B

Total Stay on L1B - 2 year 2 month 1 week
Total Stay on H1B - 2 year 9 months
Total stay - 4 year 9 month 1 week
Gap between exiting US on L1B and re-entry in US on H1B - 1 Year 1 month 13 days

Que:-
I got the H1B stamped on 1st Oct' 2009 but did not travel to US until 21st Aug 2010 (which is a gap of 1 Year 1 month 13 days between my exit from US on L1B and re-entry in US on H1B). Based on these dates, Am I still eligible for a fresh 6 years of stay in US allocated to H1B visa? My confusion is whether my stay on L1B would be counted against maximum allowed 6 years of H1B or not (even though I was out of states for well over a year before starting to work on H1B) ?

[pontevecchio]

If you have been in L1 status and leave for one year and then an employer files a cap subject H1 after one year to start from October,1 and gets it approved you can claim a new total of 6 years. In your case that is not the situation. LI PLUS H1 periods equal 6 years.

[Attorney_11]

It is unlikely that the 6 year period of H1B stay has restarted. It is more likely that petition filed in 2009 was for remainder time, ie time subtracted from the total amount of H1B and L1B time put together. Generally, unless the H1B petition filed is counted against the cap and  was actually filed after an individual has been absent from the United States for one full year, the 6 year period is not deemed to have been restarted.