H1B extension in 6th year

[kk30119]

Hello,
After using 5 years of my H1 I left the US back in Sept 2006. Since then I am in Canada and now a canadian citizen. Now I am planning to go back to the US and use rest of my H1 and also apply for H1 7th year extension. I have few questions:

1) Is it possible to resume H1 after a long gap of 5 years outside the country ? I have never been out of status while in the US.

2) If I want to go back to the US I would rather be a H1 transfer than a fresh H1 case which has limitations on month that I can start. So would it be possible to transfer H1 to another employer in the 6th year and at the same time apply for labor and I-140 in order to be eligible for 7th year extension?

Any response is truely appreciated.
Thanks
kk

[shervin143]

1) Is it possible to resume H1 after a long gap of 5 years outside the country ? I have never been out of status while in the US.
>>> Possible. You will get only the remaining period (1 year) in that H1B CAP.

2) If I want to go back to the US I would rather be a H1 transfer than a fresh H1 case which has limitations on month that I can start. So would it be possible to transfer H1 to another employer in the 6th year and at the same time apply for labor and I-140 in order to be eligible for 7th year extension?
>>> You can try. The new employer should start the GC process immediately and both the PERM and I-140 should get approved in order to be eligible for the 7th year extension. If not, then you will have to spend 1 year outside U.S to be eligible for a fresh H1B. If the PERM goes into labor or if it takes more time, then you will not be able to get the 7th year extension.