H-1B 7th year Extension based on pending labor from previous employer

[pkrish]

Hi,

I am in the fifth year of H-1B. It expires in July 2011. I got laid off from Company A in March 2010.

Company A filed a PERM labor with a date of Sep'08 and I received an audit in Sep '09.

I have transferred my H-1B to Company B now. Can I extend my H-1B for the 7th year based on my pending labor from Company A (greater than 365 days after filing) with Company B?

If yes, Can I file for the 7th year extension right away or Company B has to file for my new GC and get the 7th year extension?

I know previous labor cannot be ported but can it be used to extend my h-1b into the 7th year?

Please let me know and I am sorry if this question has been asked and answered before?

Thanks,
pkrish

[anuh1]

Yes, You can extend your H1 based on your old Labor with different employer.

[pkrish]

Thanks for your reply anuh1.

Do you know the answer to this:

Can I file for the 7th year extension right away or Company B has to file for my new GC and get the 7th year extension?

[h1-b forever]

Just so that you do not go out of status, you need to file for extn.
Besides, when is it set to expire?

[pkrish]

The H-1B will expire in July 2011. I have a stamped H-1 till July 2010. My H-1 transfer is underway and I got a RFE and am responding to it. I hope to get the transfer done and then check if I can extend the Visa for a year beyond 2011.

[lost]

dont you have to be out from the country for a year before getting the h1b again, if you have used it for 6 years?
am i missing something here or am i clueless?

[pkrish]

You can extend your h1b if you have applied for for your GC atleast a year before the H-1B expiration

[swaroopantoo]

Yes... You can apply while the labor is pending from the previous employer.
I had a similar situation in 2007.
The key would be to get that extension and apply for PERM and get that approved asap.
Otherwise future extenions would become an issue.
Let me know if you have any further questions. I have been through this whole nine yards... In my situation the Labor did not get filed on time and we got audited...
Different story... Just FYI ... This is my 13th year on H1b with no EAD/GC yet in sight.
What can I say? Been there .. Done that.. everything under this Immigration Nightmare called "GC".

[pkrish]

wow!! swaroopantoo, it is a nightmare!! but hope for the best..I would have some questions and will mail you.