Prior L1 / F1 status effect on H1B 6 Year Limit

[Socalister]

I recently received a offer from a company B, who is trying to file for Cap subject H-1B. Their lawyers came back saying my prior L1 stay might count towards my H1 6 year Limit as I have not left the US since I initially entered in 2003 for more than a year. Could this be possible? If yes, how could USCIS approve a i-797 good through 2013 when my 6 year limit period counting L1 stay + H1 would end on January 2012?

I am currently on a Cap-exempt H-1B visa with school A. I got my first H1B i-797 approval in 05/2008, I switched departments within school so they got a new I-797 good through 04/2013. My H1B stamp expired 05/2011 after 3 years so I recently got a new visa stamp good through 04/2013 and re-entered US.

Here is my prior status so far:
- L1B: 2 years 4 months.
Entered the US on a L1B Visa
- F1: 2 years 9 months (includes 1 year on OPT)
Left the US for a month and applied for a F1 visa and re-entered to go to school.
- H1B: 3 years 4 months
Converted to H1B Cap exempt visa for school A after OPT with extension of stay.

Thanks for your help.

[kabkaba]

Unfortunately AFAIK the lawyer is correct, L1 stay counts towards the limit.

[Socalister]

Thanks for the quick response.

I am wondering how my last i-797 approval would be possible. My current employer petitioned last year for a transfer / 3-year extension and got an I-797 approval valid from 04/2010 to 04/2013 when technically my 6 year limit (L1 + H1 stay) would be reached on 01/2012.

[kabkaba]

USCIS has been known to make contradicting decisions. Besides on the period spent in the US in H1 or L1 status counts.