Urgent help! H1B 7th year extension with I-140 approval; PD current

[bearcatcoupon]

If an H-1B visa holder has an approved I-140 petition AND the immigrant visa number is not available for him/her due to the visa number retrogression (not eligible to file I-485 due to visa number limits), the H-1B visa holder may extend his/her H-1B on a three-year interval beyond the 6-year limitation.

What if the PD is current (My PD is Feb 2008, EB2 category)?

I am on my last year of H1B (6-year H1B will expire in May 2012). Can I still do the H1B transfer with my approved I-140 with 3 year H1B extension?

Thank you!

[Attorney_20]

If your priority date is current, you can still extend your H1B status in one year increments as long as your green card case has been pending for more than 365 days. Since your GC case began when your priority date was established in February 2008, you should be able to have your H1B employer file a petition requesting a one year extension. But if you are currently working in H1B status for the GC employer, you should also consider whether the GC employer will withdraw their case for you if you transfer to a different employer in H1B status.

You should discuss the particulars of your case with an experienced immigration attorney before making any changes.