Can my current employer reactivate my H1 if I left US 5 yrs bk and used only 17 months on H1 that time


apjha

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Hi All,

 

I am into pretty situation.

 

In 2007, I got my H1-B Approved (after my F1 visa), from October 2007 till April 2009 I was in US and worked with 3 employers on H1-B (Had transferred my H1-B from first to second and then from second to third).

 

In March 2009, I lost my job and due to some personal reasons, I had to come back from US in April 2009. So I was on H1-B for only 17 months (from Oct'07-April'09).

 

After that I never went back to US and currently in Singapore. Now my current employer is planning to send me back to US on long term assignment. They can do both, either L1 or the H1, but some people told me that since I already had H1 in the past and I never used it fully (used only 17 months), My current employer can re-activate that and I can stay on H1 for rest of the period i.e. 55 months max (72 months - 17 months).

 

I am confused on this. Can someone help me understand if thats true? that I can still be on the H1 and utilize it for the left over months?

 

I checked the USCIS site (H1 B case status), and it is still showing the last status as Approval, and there is nothing in "Post Approval Activity" , where as my previous two H1 transfers, showing "Post Approval Activity" as the last status, so should I take it that my H1 is not revoked by my last employer?

 

your inputs will be highly appreciated!!!

 

 

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