Approved I-140 and Change of Company, Please help!

[dudd28]

Hi,

I had my labor (PD : June,2011 and Approval Date Oct,2011) and I-140 filed and approved by Company A. In May,2012, i moved to company B and they are yet to start my new Labor process. But the attorney at Company B says that they can request for 3 year extensions on the approved I-140 from Company A.

Can someone please confirm that this can be done? I was under the impression that you cannot request for H1B extensions even if your 140 is approved if you are not with the company from which the I-140 was approved. (The approved I-140 has not been revoked)

I am currently in my 6th year of H1B and would greatly appreciate if someone can answer this for me.

[Attorney_11]

Currently, law, guidance and policy permit the extension of H-1B classification beyond the sixth year for those individuals who are the beneficiaries of PERM Labor Certifications filed more than 1 year before the end of their sixth year or who are the beneficiaries of approved I-140s in backlogged immigration categories even if the PERM or I-140 was filed by a previous employer.