H1 -> F1 -> H1? How to calculate 6 years?

First H1B used for 3.5 years, and transferred to F1 (got PhD after 4 years). Now, can I apply for H1B again? One potential employer claimed the 6-year cap is counted from the calender day you started using your H1B (no matter if you worked on H1B later on), so I am no longer eligible for H1B (3.5 + 4 = 7.5 years). One attorney indicated that it was not correct, and I am still able to use the unused H1B (2.5 years) without subject to quota.

Appreciate any input. Anyone can share experiences? Many thanks.

所有跟帖： 

• 回複：H1 -> F1 -> H1? How to calculate 6 years? -863211- ♂ (506 bytes) () 09/27/2009 postreply 15:11:08

• 回複：回複：H1 -> F1 -> H1? How to calculate 6 years? -JavaCat- ♂ (43 bytes) () 09/28/2009 postreply 07:39:36