7th Year Extension with Labor from other Company/MTR from 2nd Company

[akumar001]

"I had my Labor approved from Company A, but moved to company B & applied to Perm Labor through Company B, but it got rejected. My Question is can i apply for my

7th Yr H-1 Extension through Company B even though the Labor certification from Company A has expired , as its been more than 180 days the Labor has been approved from Company A & also can i apply for my 7th Yr H-1 extension based on Company B Perm Labor MTR, which i'm planning to do .

[akumar001]

Please respond if anyone has answers to the above questions..

[catx]

The expired PERM labor certification application approval is on longer valid (upon expiration it is as if it never existed, it is gone), and cannot be used for any immigration filings. The second PERM labor certification application must be pending for at least 365 days to be used for a 1 year H-1B visa extension. That is the only option. If the current H-1B visa expires before the second PERM labor certification application is approved through the MTR or the MTR is pending for a year, then there is no recourse but to leave the U.S.