H1B Extension with Company B with approved I-140 of company A

[mahimanch5]

I'm seeking for 12th year H1B extension with Company B. My current I-140 got RFE with Company B. I can get 1year extension based on my company B certified labor but I will be in the same situation next year as well, so I would like to use my company A approved I-140 to get 3 year extension.  But I don't know if the company A has with drawn the I-140 petition or old 140 is still active.

I have few questions on this as follows:

 

What is the best way to do? whether to use the current company B certified labor to get 1 year or use the company A approved I-140 to get 3year extension.

 

Is there a new petition number when I-140 is with drawn by company A? or same petition number? In USCIS site, my company A "I-140" still showing as approved

 

What would the general process with MNC(or big 5consulting) companies on the I-140 withdrawal if the employee was laid off?

[pontevecchio]

Certified Labor by itself will give you no H1 extensions. A PERM pending 365 days plus will give you one year H1 extensions.

[Belle]

File an FOIA request on I-140 by A. Or just file for a 3 year extension (your PD on A is not current, is it?) - if you get denied because I-140 was withdrawn, just MTA with the new I-140/LC info, and get a 1 year extension.

[mahimanch5]

Priority date with A is Dec'2007 in EB3, current I-140 is EB2 in RFE. what is MTA - motion to appeal? If my old I-140 is with drawn and I get a RFE for the explanation, Can I provide my new EB1(Company B) certified labor to get 1 year? Does that work?

[pontevecchio]

What belle said. Also keep your Lawyer in the loop.

[Belle]

Try to extend based on the I-140 that is not current (EB3), this way to can get a 3 year extension. You can use the LC/I-140 only if it was filed more than a year ago, and it will only give you one year extension because the date is current on it. If EB2 I-140 was filed a year ago or more, then you can use it, too, to extend H1, but again, one year because it is not approved and the date is current.