Question on H1 B year calculation if move from L1B

Hi ,

I have come to US in Aug 2008 on L1B for company A and get the H1 approval from Company B in Jan 2010. (It was approved till Sep 2011). I haven’t move to H1 due to some personal reason and gone back to India in April 2010 (Same time my L1 B was expired) . I came to US in Jan 2011 with fresh L1 B with company A . As my H1 B got approved in 2010 I can apply for H1 B transfer from L1 b anytime of the year - as per my discussion with different employer. Is it correct ?? My Second question is if I transfer to H1 suppose in Dec 2012 till what time I can be in US on H1. I have heard that my L1B tenure in US will also count when I will move to H1.

Thanks for your help.

You can move from L1 to H1B anytime of the year, citing your previously approved H1B petition.

Both L1 and H1 tenures are taken for calculating maximum stay period of 6 years. Hence you could stay another 2 years and 3 months in new H1B from Dec2012 - Max 6 years minus (1 year and 9 months in old L1 (Aug2008 to Apr2010) plus 2 years with the new L1 (Jan2011 to Dec2012)).

Hope that helps.