Does out of status period count towards total h1b period

[gopes]

Hello,

I was out of status on 04/19/2013 after my past employer revoked my h1b visa by mistake. My new employer filed for the H1B on 05/07/2013. My h1b was approved with I94and a new validity period from 07/25/2013 to 12/31/2013 overlooking my out of status period. All this while I stayed in USA.

My question is, does the period from 04/19/2013 to 07/24/2013 count towards my 6 year h1b stay?

I am a little confused since the visa validity mentioned on the I797 approval notice is from 07/25. Do I need to count the time from 04/19 to 07/24 towards my 6 year h1b stay or do I not count this period and apply for an extension?

Any expert opinions will be appreciated.

Thanks for your time.

[raghvi]

Hello,

I was out of status on 04/19/2013 after my past employer revoked my h1b visa by mistake. My new employer filed for the H1B on 05/07/2013. My h1b was approved with I94and a new validity period from 07/25/2013 to 12/31/2013 overlooking my out of status period. All this while I stayed in USA.

My question is, does the period from 04/19/2013 to 07/24/2013 count towards my 6 year h1b stay?

I am a little confused since the visa validity mentioned on the I797 approval notice is from 07/25. Do I need to count the time from 04/19 to 07/24 towards my 6 year h1b stay or do I not count this period and apply for an extension?

Any expert opinions will be appreciated.

Thanks for your time.

Out of status period cannot be recaptured so yes the 04/19 till 07/24 will be counted towards the 6 Year period.

This is my opinion not legal advice.