L1A to h1B with 8 months outside US

bajaj_deepak@ho

Registered Users (C)
I came to USA on L1A visa on 10/27/2001
Left USA on 05/03/2002 and
re-entered on h1B on 01/14/2003

For my current h1b transfer for requested approval until 2008, INS
has sent a RFE to revise the requested approval to October 2007, since
that is when my 6 year limit ends.

I think, it is plain wrong, for following reasons

(1) I was out of USA from 05/03/2002 until 01/14/2003. AFAIK this period
can not be counted towards my six year limit.

(2) L1A is for seven years and H1B is for six years. So my duration on L1A should not come into play at all for my six year period begining on 01/14/2003.

AM I smoking dope or is INS?

What should I do, and what are my option in replying to the RFE?

Rgds
Deepak
 
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