L1 to H1 and Labor not approved

[getpkonline]

This is bit complicated situation, any help is greatly appreciated.

I stayed on L1 for about 4 years then moved to another company who applied H1 and also applied for labor (toward my green card processing). As per the rule (that I know and I am not 100% on this) any one can stay max of 6 years in US (using all kinds of visas). In my case m1 L1 and H1 stay is coming close to 6 years, I have about 2 months left. I also applied for m1 H1 extension, wiating for approval. I should hear in a months time on my H1 approval.

Question I have is --- if I get fired by current employer then can I use extended H1B (7th year) to go to new employer or should I go back to my home country?

Appreciate your help.

[txh1b]

Read this:

http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf

Was your I140 filed by employer A? If the labor has aged out by 180 days, it cannot be used to extend the H1b anymore. If it was duly filed, that can be used for 1 yr extension and after you get the extension, new employer can use the remaining period provided the basis of transfer still exists i.e the approved labor and filed I140.

Before B can file another extension of H1b, you would need another labor and I140 filed and approved by B if A has already withdrawn the I140 filed.

Like you mentioned, it is a complicated scenario and you should talk to your legal counsel.

[getpkonline]

I-140 is not filed yet

That was a very quick reply.

I-140 is not filed yet. I am still waiting for my labor approval, it was filed in May 08 and still not approved (there was a query and was answered by my company).

If I understand it right, if I have labor approved and I-140 filed then chances are more that I can transfer to different employer. Have I read this right?

I have not gone through the document you sent yet. I will surely go through that, hoping that I can understand it.