Can i use a previous H1 petition which i used only once but is very old. It was valid from 2001 till 2004 ?

Asked over 1 year ago - Detroit, MI

[1]
I had an approved H1b petition through Company A valid from 2001-2004.
In 2003 i worked in US on this petition for 6 months and exited US in 2003 itself. This petition expired in 2004.
[2]
In March 2007 i re-entered US through Company A again BUT on L1.
[3]
In April 2009 , while i was in US , Company B filed for H1b counted in the CAP and got approved, I shifted to H1b status from Oct 1st 2009.
[4]
I transfered my H1 to Company C in May, 2012, and will exit US on March 2013. The H1 petition through C will expire in 2013.

Say, [2]+[3]+[4] will be short of 6 yrs by only 3 weeks.

In April, 2014 :
-can I use the H1 in [1] to re-enter US ? If Yes, how much validity will it have ?
-can I use the H1 in [4] to re-enter US ? If Yes, how much validity will it have ?

Thank &Best Regards

Attorney answers (3)

  1. Rajesh Nakchhed Prasad

    Contributor Level 12

    4

    Lawyers agree

    Answered . Your question resembles a software program. OK, first of all you cannot use H-1B from 2004 because it is not valid anymore. If you have only 3 weeks left short of 6 years, you will be admitted only for that duration when you enter using [4]. Did you take any vacation time during [2]+[3]+[4]? If yes, you can try to recapture that time by filing an extension. If not, then you are out of option and you will have to stay outside for aggregate of 365 days to again reenter in either H-1B or L-1, unless you have a pending labor certification/I-140 (pending >365 days) or approved I-140, then you can request 7th year extension.

  2. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with my colleague.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No, you cannot use the 2004 petition.

    You must be outside the US for at least one year to reset the H-1B clock.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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