H1B 7th year extension with pending AOS possible?

[coolguy16]

My 6 year H1B visa perod is expiring on 30th Sep 2012. My employer is unable to apply for an LC because our company did really bad last year, and my attorney told me that this wouldn't help my LC application at all. I don't have any time left to change employer now.

My brother/ sister are both US citizens. Can I apply for "Adjustment of status (AOS)" now and would I be able to extend my H1B after the 6th year based on the pending application for AOS?

Thanks,

Rajesh

[Attorney_22]

Unfortunately a pending family-based I-130 will not grant you a basis to extend your H1B beyond the normal six year limitation. However you may want to obtain a second opinion regarding the PERM process. Generally, the PERM process requires the PERM petitioner (usually your employer) to have the ability to pay the proffered/prevailing wage (whichever is higher) from the priority date forward. The priority date is established at the time of filing the PERM application. Therefore, if you already earn this salary or the company can show net income of at least that amount (or other USCIS acceptable alternative) from the priority date, a PERM application may still be a viable option. If you would like to discuss this in more detail, please contact the Murthy Law Firm. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.