H1-B Extension based on Labor approval from previous employer

[pravinmed]

Hi All,

I have a question on the h1-b extension for the 7th year. My Labor was approved by Employer A and before filing the I-140 i change the employer to Employer B in the last year (6th year). Now can the Employer B file for the extension to H1-B based on the approved Labor from previous Employer and then restart the Labor.

[Attorney_22]

Generally, pursuant to the provisions regarding extensions of H1B status beyond the normal six year limitation, an I-140 petition filed on a beneficiary’s behalf in the first three employment categories must be approved and that beneficiary must be eligible to adjust status but for the per country limitations before the beneficiary is eligible for a post six year extension, OR alternatively, if 365 days have lapsed since the filing of a labor certification (which is unexpired and unrevoked) or an immigrant visa petition on the beneficiary’s behalf. If you have further questions regarding these issues please contact a qualified U.S. immigration attorney directly.