Difficult questions to answer!!!

[surisingh]

Hi All,
My situation is a little bit risky. My 6 year H1B is going to finish this year November (Nov-2011). Last September-2010, I transferred my H1B from Company A to B. I already had my I-140 approval with Company A. When I transferred my H1B, I got RFE and meantime my previous employer revoked my I-140 approval. So now I've got H1B with ending date Nov-15, 2011.

The USCIS said that when the H1B decision is made, the I-140 with previous employer is revoked, so they can't extend the H1B for next 3 years.

1) What should I do now? I have less than 365 days for my H1B ending date.
2) Can I ask my new employer to start the green card process?
3) If we start filing the labor certification before the 6 month mark, can we extend the H1B for one year based on that?

I don't know what to do..

Thanks,
CS

[shervin143]

Your labor should have been filed 365 days prior to the 6th year end to get the 7th year extension. You can ask your employer to file GC now, leave the country before the end of the 6th year (Maybe 3 months prior) and let the labor age out and return back by recapturing the remaining period on that H1B CAP and file for the extension after 365 days of filing the labor.