H1B Quota Reset issue- Need Help

[ranjithgampa]

Hello,

 

I am Currently on Cap Exempt H1. Following is my scenario, Please advice me.

 

Scenario

 

i)   Company A - L1B Visa -  3.8 yrs of Stay in US

ii)  Company B - H1B Consular Processing . Never worked on this H1B and No VISA Obtained for this H1B.

iii)  Stayed in India working for Company A  for 1.5 Yrs.

iv)  Came Back to US again on L1B for Company A

V)   Company C has applied for Cap Exempt H1.

 

USCIS is saying my H1b Cycle is not reset in spite of staying outside for more than 1 year.

 

Company C attorney is fighting with USCIS for quota reset, saying my quota should be reset because my First H1B was processed with Consular processing and I never worked on the Same.

 

I wanted a second opinion on my case. Please let me know if my quota should have been reset.

 

Thanks

Ranjith