H1 -> F1 -> H1 How much time is left on my H1?

[pumalicious]

I went to uni in the US for my undergrad and got out in 2006. In 2006, I started working for the tech division of an investment bank. In summer 2008, I was laid off, but I had already applied to a grad program and enrolled in fall of 2008. I just finished the program and graduated in May. I am on my OPT now.

I have an offer from a startup but their HR/immigration folks are confused about how much time I have left to work. My assertion is that I have the time left on my OPT + Time left on my H1B (6 years - time with previous employer, not counting the time on my F1) which comes out to 10 months OPT + 4 years H1B.

However the company HR/immigration is saying I have less than 2 years left. Appreciate any advice/clarification I can get which may help in getting the right answer.

Thank you.

[sk4ih]

You're right.
Time spent only on H1 (and L1, if any) is counted towards 6-year period.

[kabkaba]

You should ask them to consult with an attorney. They should do it for filing the H1 anyway.