H1 Transfer with labor pending - 7 year

[tejasP]

hello, I have my GC Labor applied on Jun 10th 2012 and my H1 six year max out date is Nov 1st, 2013.

Labor was went to audit and employer responded back. Still the status is In Pending. My employer has filed a year extension based on pending labor. Lets say I get an extension till Nov 1st, 2014. Is it possible to transfer H1 to a new employer with duration up to Nov 1st, 2014 based on pending labor with current employer ?

[Attorney_11]

It is permissible, under current law, to seek an extension beyond the sixth year with an employer other than the one that filed the pending Labor Certification before the end of the 5th year of H1B classification or approved I-14o in a backlogged employment based immigrant category.

[vishu123]

I believe we need a screenshot from DOL system or a letter to indicate that the PERM with old employer is still pending. If the old employer does not give the screenshot to the employee..what option do we have to get the letter/screenshot from DOL. Can we use DOL FOIA to get that letter from DOL or can we directly ask USCIS to verify with DOL about the status of the application while filing for extension. I have the ETA-9089 from my old employer. Would that be enough to get such extension

[tejasP]

Any lawyer please comment. I have a screen shot from DOL site which shows my application number, priority date and status. Is that sufficient for new employer to transfer H1 for 7^th year based on pending labor from current employer? Thanks a lot.