365 gap between L1 to H1

[sgandham]

My Employment summary:
I was in US on below Visa status
L1 : JAN 2008 - MAY 2010 (my L1 was valid till DEC 2010 but i returned to india on MAY)
B1 : AUG 2010 - OCT 2010

Now My H1 got approved and it is valid from OCT 2010 - SEP 2013.

I am currently in India and planning to go on H1.My question here is

1. Can I apply for a H1 extension after SEP 2013 because I heard that there should be 365 days after 6 years working in US. Here there is a 365 days gap between my L1 and new H1 but I entered US on B1 in between. will this B1 stay count under 365 days Gap.

I appreciate your help. Please let me know if I am not clear.

Thanks
Satish

[kabkaba]

Only the time you spend in the US in H1 or L1 status counts against 6 years. Now do your math.

[sgandham]

I think i got my answer but for more clarity I would like to repharse my question.

I stayed in US for almost 2.5 years on L1 status.
L1 : JAN 2008 - MAY 2010 (my L1 was valid till DEC 2010 but i returned to india on MAY).

Now I have got H1 (OCT 2010 - SEP 2013) and planning to go to US soon.

My question is that can I stay 6 years (assuming that i will get an H1extension) on my new H1 since I am out of US for 365 days between my Last L1 and this H1.Of course I went to US on B1 inbetween but I assume that doesnt count.

[kabkaba]

You will get fresh 6 years only if the petition was filed as that. This becomes a grey area on how USCIS interprets it. You at least have 3.5 years according to this math anyway.

[sgandham]

Thanks for the response. This is very useful information indeed. I will check with my employer for more details.