H-1B 7th Year Extension

[pmansiy2008]

Hello,

I really need your expert advice. My 6 years on H-1b are getting over on 9/6/2009. My current employer (Company A) has filed for my PERM on 9/4/2008 and status is still pending.

If I change my job and join Company B now can I get 7th year extension on my H-1B based on the PERM filed by Company A.

Company A has agreed to continue my Labor.

Please advice

[abd1234]

You have filed your Labor Application a day or two before the last 365 days of the 6 year period. In such a situation I would advise you consult an advocate since this relates to your status.

Far as I know, till the Labor application filed by Company B is approved, Company B will not be able to file for the 7th year extension. The better option may be to file 7th year extension through Company A and then look at transferring that H1B later. Personal opinion only, please seek proper professional advise.