H-1B extension while Labor Cert pending - can switch jobs?

[Canuck]

I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?

Thanks.

[meridiani.planum]

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Originally Posted by Canuck

I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension

2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?

The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.