Transfer during H-1 7th year extension and responded PERM audit

[vkanuri1]

Hi,
I am currently working for Company A (client) as a contractor through Company B (who holds my H1). My H-1B started on Jan 2 2007 and

the six year limit expires on Jan 1 2013. Company A (Client) wanted to hire me fulltime from November 2011 and but since I was nearing

my 5th year completion in December 2011 I had to wait for my Labor to be approved. Company B filed for my Labor (PERM) on 12/19/2011.

I thought if my labor was approved and I filed I-140 thru premium I can file for the transfer and get a 3 year extension. My PERM was

selected for Audit in April 2012 and the response (including my physical signature) was sent during the same month. The status is

still pending. Also when my PERM was filed I was in VA and then moved to TX in February 2012 for the same job and client. My current

company attorney filed for the H-1B amendment (for moving to TX) and along with amendment they also filed for my 7th year extension

till Jan 2014. I got an RFE yesterday requesting a client letter to show they can support me till 2014.

My Questions are

1. Can I have Company A file for my visa transfer and get a 7th year extension based on the pending labor from Company B?

2. If I move to Company A but still request Company B to continue my labor and I-140 process for future employment and if I get the GC thru them move back to Company B and work for 6 months or so?

Please let me know if there are any other options?

Thanks
V K

[shervin143]

1. Can I have Company A file for my visa transfer and get a 7th year extension based on the pending labor from Company B?
>>> Not possible. You will need a copy of the approved I-140 to switch employer after 6 years on H1B.

2. If I move to Company A but still request Company B to continue my labor and I-140 process for future employment and if I get the GC thru them move back to Company B and work for 6 months or so?
>>> It is possible to go this route when you get your I-140 approved. USCIS can raiose questions during the I-485 stage if you are not working for that employer when I-485 is filed.