i read this on murthy law firm home web page:

The USCIS has just released a memo dated December 5, 2006, that makes significant positive changes to the counting of time for H1Bs, H-4s, L-1s, and L-2s. This Memo addresses three separate issues. It decouples time spent in H-4 or L-2 status from the time limits spent in H1B or L-1 status, respectively. It permits extensions beyond the six-year H1B limit even when an individual has not been maintaining H1B status. Finally, it permits a person who departs the U.S. for more than a year prior to completion of the six years in H1B status to return for the time remaining of that six-year H1B period without again being subject to the H1B cap. For all of us at the Murthy Law Firm, our clients, and for most MurthyDotCom and MurthyBulletin readers, as well, this is a wonderful gift to receive from the U.S. Citizenship and Immigration Services (USCIS) during the holiday season!

Decoupling Time in H-4 or L-2 Status from H1B or L-1 Status, Respectively

The USCIS has confirmed that the time one spends in dependent status (either H-4 or L-2) DOES NOT COUNT against the time limits under H1B or L-1 status. This is a significant benefit to families in which either individual is qualified for an H1B or L-1, but both do not have jobs at the same time. This interpretation allows people to spend the permitted maximum time in H1B or L-1 status, even if they have also spent some time in H-4 or L-2 dependant status. Now, if an H-4 receives a job four years after coming to the U.S. in H-4 status, for example, s/he is eligible for a full six years of H1B status, rather than only the balance of the two years. There are many situations in which this will be helpful, including cases that have minor children in H-4 status, who exhaust the six years before attaining the age of 21 years. Now such individuals would be allowed to work for the entire six years in H1B status. The H-4's petition for H1B status would be subject to H1B-cap limitations, unless it fits within one of the standard H1B-cap exemptions.