Can days be recaptured from a H1 visa(7 the year to 9th year)


dpka

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My case is this

My initial h1 was from August 2004 to October 2010(after recapture of days spent outside US)

I have approved PERM and I 140 copies filed by employer A. With my approved I 140 (approved on June 2010), I got an extension of H1 from october 2010 to October 2013

I got laid off by employer A in December 2013(6 months after I 140)

I immediately applied for a b1 visa and moved to India in March 2013.

My I 140 status online says 'post decision activity' with the following message

” on March 2012 a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.”

When I approached employer A, I was told that they have applied for withdrawal of my I 140.

Now I have received an offer from employee B.

Based on the above case I have the following questions:

1. Can I recapture days( jan 2011 to oct 2013) of my H1 visa(7th to 9th year)?

2. Since the withdrawal notice is not yet received for my I 140, can my employer B apply for a 3 year extension of H1?

3. Or with an approved PERM can My employer B apply for 1 year extension?

I would highly appreciate any input on this case. Do you think I can somehow get a H1 visa(from the above 3 options or any other idea you have for me apart from a fresh 6yr quota)

Thanks in Advance

Dpka

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