Very Urgent! Please help whether 6 year cycle will reset or not on my case

[vinothdhool]

Below are my details about my entry and exit to and from US.

During the peroid betweem May 2005 and Aug 2008 with employer-A Using LB1-B stayed in US.

August 2008, went to india on L1-B, in the same year 2008 got selected in H1-B gap lottery system with new employer-B. Petition got approved and did the Visa stamping in India Oct 2008, but never got the opportunity to come back US till March 2010.

March 2010 - got an opportunity, using the same employer-B with same H1-B came to US, and within 30 days with out generating payroll transfered my H1-B into new employer -C as per valid clause, on April 2010 and worked still Sep 2011 with same employer-C.

In Sep 2011, again transfered H1-B into new employer-D and till working with same employer,my petition will be going to expiry on Jan 2013, applied for H1-B extension as per my H1 immigration team, not eligle for visa extension though I have already completed 6 years cycle and 18 months unsed peroid (betwen Aug 2008 and March 2010) already. As per them, need to start India in the month of Jan 2013.

Here my doubt, after L1-B almost stayed in India for 18 months from Aug 2008 with H1-B stamped VIsa from employer-B and never used that H1-B Visa, payroll also not generated in H1-B

Only when I came to US in March and from April 2010 only my payroll started generated, And I was assumed cycle will be reseted automatically but as per H1 immgration team is it not reseted.

Please help me

In a short note about my details

May 2005 - Aug 2008 - L1B - Employer - A

Note: Oct 2008 - Got stamped in H1-B with Employer B but never generated payroll. came to US March 2010 - Sep 2011 - H1-B - Employer C

Sep 2011 - Till date - Employer D

Is it my cycle will not reset on this above scenario, though my first H1-B started generating payroll from April 2010 onwards?

[DontWorryBeHappy]

Your employer immigration team is right

1) H1-B 6-year cycle will reset only if you stay outside USA for a year or more and apply fresh H1 which is counted against quota.

2) If you reuse previous H1 to come back, the clock ticks from where it left off irrespective of how long you have stayed outside USA.

You could have extended beyond 6 years if any of your previous/current employers started GC processing for you.

1) If you had PERM approved or PERM has been filed 365 days before your 6-year completion date, you would get 1 year extensions.

2) If you had I-140 approved, you would have got up to 3 year extensions.

As per your post it seems none of your employers filed GC for you, then you should go out of USA for a year and file a fresh petition which is counted against cap.