H1B future extensions - Labor Certification pending

[kanthikss]

I have two labors certifications, first labor certification filed in my 5^th year of H1B dated June 2009 and the second labor filed in the 7^th year of my H1B dated June 2011. Both the labors are applied by the same employer and have pending (In process) since 2009 and 2011. Both the labor’s have neither be denied nor audited nor approved.

Since I have completed my 7 years of H1B, I have so far got two one year H1B approvals based on the pending labor certification filed in my 5^th year H1 B dated June 3^rd 2009.

The two one year H1 B approvals are as follows:-

7^th year H1B Extension approved from 2011 January to 2012 January

8^th year H1B Extension approved from 2011 December to 2012 November

The following are the concerns and question I have:-

1) If the labor filed in the fifth year H1 B dated June 2009 is denied then, can I use the pending labor filed in the 7^th year H1B dated June 2011 for my future H1 B extensions and approvals?

If not what are my options in such a situation?

2) If my second labor certification applied in the 7^th year of my H1 B dated June 2011 is approved, and my first labor certification applied is in the fifth year H1 B extension dated 2009 is denied. Can I use the second labor certification applied in the 7^th year of my H1 B dated June 2011 for future H1 B approvals; or do I have to have an approved 140 to the labor filed in my 7^th year of my H1 B dated June 2011 to get future H1 B approvals?

Kindly advise me the possible scenarios.

Thank you in advance for your time.