H-1B extension after 6 years.

[ddk]

Hi,

I will be completing my 6 year of H-1B period in December,2013 and in order to get one more year of extension in my 6th year, my employer has initiated my Green Card process and field my Perm Labor in month of June 20012.

But unfortunately in month of September,2012 I got audit on my Labor Perm process and in between my employer moved our office location from Texas to New Jersey. Because of change in office location from one state to other state. Attorney suggested my employer to withdraw my case and refile a fresh case from New Jersey.

Now my employer withdrawal-ed Texas case and working on filling the fresh Perm Labor from New Jersey. Looks like it will take altogether 3 months for filling.

Questions?

If they file in January,2013,

1)Since my employer filling fresh Perm Labor in January,2013(I have less than 365 days before completing 6 years on H-1B)

Will I get one year extension, as I will be completing 6 years in December,2013(did not have any re-capture period)?


2) Can I use my withdrawal Perm Labor(from Texas) for H-1B extension?

Please help me to get answers on above questions.

Thanks