H1-B extension after 6 years

[raj21maradani]

Am in 5th year of my H1B(9 more months left for 6 year anniversary)....the company i was working for applied for my PERM GC labor...in Apr 2009....and i got recently laid off....2 weeks ago

A new company gave me an offer....and their attorney says....he can file for a one year extension based on the GC that the company laid me off applied for...along with 9 months remaining on the H1B.

is this possible....getting a one year extension by a new employer...based on a previous employer pending labor filing which is just 5 months old

[txh1b]

That would not be possible. The attorney is trying out something risky with the fact that the company that sponsored your GC labor still has a position available for you once the GC goes through as a future employment offer.

It could back fire. Recapture any period spent outside US on vacations etc and get the H1b transfer done. Have the new company file for a new labor immediately. You can travel out, let some time pass allowing for the labor to age out, enter again, recapture time from H1b and finish off 1 year to get another extension based on the labor of the new company.

[reason1234]

i am also in my 6th year and wanted to file 7th year. however i have filed gc from a consulting company. it was filed 365 days ago. now can my current employer file 7th year extension based on the labor pending for more than a year BUT filed by a consulting company ?

[txh1b]

That should be possible if the company sponsoring the GC still supports your labor petition now.