H1b period - Urgent info needed

[srivatslib]

Hi
I had filed for my H1 extension whose 6 year validity i thought was only till June end this year(2012). However I received an approval notice valid until Mar 31st 2013.

Between the six year H1 period, I was out of country for about 11 months and 2 weeks. (not complete 1 year). Is there any chance that it was overlooked and I got the extension till mar 2013. Also my labor was pending (less than 365 days) when I filed for my extension but it got denied before my H1 got approved. Could there be a connection between the two?
Overall I want to know since I have a valid approval document can I continue on the H1 or not? and whether I should take any precautions for the future?

Please advise.

[shervin143]

Are you completing all 6 years in that H1B CAP? Meaning, have you recaptured the time spend outside U.S in the 6 year period? When you return back after spending 11 months and 15 days outside U.S, did you come back in a brand new CAP or did you use an old CAP to file the H1B petition?

[srivatslib]

Well. I was on a Blanket L1 visa between 2005 to 2006.When I came back after 11+ months in 2007 I came on a fresh new L1 visa(new petition). I converted it to H1 from Oct 2009.

And yes when i calculated I included the time spent outside also.

[shervin143]

Well, in that case the responsibility of following the H1B regulations lies on you. This could very well be a mistake on USCIS's part. The only problem is, if you take advantage of the I-94, then if questioned later during a visa interview or during the future GC process, you will be in trouble. Not knowing the law will not be taken as an excuse. I will also advise you to take the help of an immigration attorney.