Left country after 5 years on H-1b, Re-entered country based on approved I-140, since then I-140 withdrawn, claim remaining time for H-1b extension?

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I left the country after 5 years on H-1b to pursue higher education abroad.


Before I left my my GC PERM was approved. While I was gone, I-140 was also approved.


After being out of the country for 2 years, I re-entered on H-1B extension based on I-140 approval. Got 2 years and 3 months extension and used only 1 year and 9 months since I entered a bit later.


A month before this new H-1b expired, company withdrew I-140 because of company NOIR and ability to pay issue. When H-1B extension was filed, I-140 was still active. I-140 withdrawal confirmation came while H-1b extension application was pending.


H-1B extension just received RFE requesting: on what basis am I applying for extension. 


The employer might not want to re-file the I-140 since the ability to pay may become an issue and open a can of worms again. What are my options?


1) Can I still capture the remaining H-1b time, although my last H-1b extension was based on approved I-140 and since then it has been withdrawn?

2) Can I still request extension based on the fact that my PERM was approved more than 365 days ago and claim that the employer has the intent to re-file I-140?

3) Any other options?

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