H1B extension Query

[vermaar]

Hi,

I got my H1B visa stamped in India in Oct 2007 and Started working in US from MAy 2008 onwards. Now my I-94 expiring in oct 2011. I am going for the extension which I think can be extended for another 2 years ( as my H1b petition should be valid till Oct 2013).

However I stayed in US earlier from 2002 to 2004 (2 years) on L1B. Will the L1B (2 years) counted for my H1 extension. I was away from US between 2004 to 2007.

Please let me If my H1b can be extended for another 2 years or not.

[kabkaba]

Your total period of stay in the US in H1 or L1 status counts towards the 6 year limit. However, I have heard conflicting information regarding stay counting if there is a gap of more than 1 year in between. So the only way to find out is by having your employer file it.

[shervin143]

It doesn't count since you filed the H1B after staying out of U.S for more than a year.