H1B extension, Labor Certification Pending

[G_R]

Hi -
My Labor Certification was filed on the 6th year of my H1-B which is still in pending. My H1-B expires in 2 weeks. I am leaving US for 1 year. Question is can I extend the same H1B outside of US after a year? Or do I need a new H1-B as my Labor Certification was filed only on the 6th year and is still pending? Please advice. Thanks!

[raghvi]

Hi -
My Labor Certification was filed on the 6th year of my H1-B which is still in pending. My H1-B expires in 2 weeks. I am leaving US for 1 year. Question is can I extend the same H1B outside of US after a year? Or do I need a new H1-B as my Labor Certification was filed only on the 6th year and is still pending? Please advice. Thanks!

You can extend the same H1B as long as you haven't exhausted the entire 6 Years on it. If you have exhausted the entire 6 Years of physical stay then yes you would need a new H1.

This is my opinion not legal advice.