H1B Transfer beyond 6th Yr on I-140 Denial Appeal

[obelix]

Hello Everyone,

I was wondering if you have gone through this situation and can share your experience.

My I-140 was denied for a future employment. We filed Appeal in timely manner and it's in pending status based on the USCIS case status. I'm in the 5th year of H1B (4.5 yrs completed). FWIW, I-290B was received by USCIS just 2 weeks ago only. Now, I've got an offer from a major company which I'll not refuse given it's a great opportunity. They will take care of H1B transfer, etc.

My only question is - if it is possible to go beyond 6th Year based on the I-140 denial Appeal? In this way I can think of extending for till Dec 2014 if I recapture my out of US time too (about 2months). My current H1B expires Sept 2013. I just want to buy some more time for and my employer as well.

I'll surely discuss with the lawyer but I just want to see if somebody has gone through the same and understand what's possible.

Thanks.

[kalyan_ac]

Get your PERM started atleast 365 days before completion of your 6 yrs to get yearly extensions.