when does 6 year limit kick in?

[bajaj_deepak@ho]

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

 

[LaborCleared]

1. You can reply to the RFE explaining that you were out of USA for long period of time and they might ask you to submit the photo copy of all pages of your passport. Usually they will exclude this from 6 yr. limit. Please consult an immigration attorney.

2. Yes. Your L1 stay within US will be clubed with H1 limit. They both go hand in hand so your L1 stay will be counted for your H1 6 yrs. limit.

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Note: I am not an attorney. Just my thoughts.