H1B beyond 6 years

[abemud]

Hi,

I'm on the 6th years of my H1B and it expires Jan 15. I found a new job and the new employer said if I pay for it they will start Green Card process immediately for me so I can extend H1B beyond Jan 15. Now I heard that Labor Certification has to be pending for more than 365 days to extend H1B beyond 6 years. My question is if there's any base for their lawyer to come up with this proposal?
BTW, I do have a LC filed over a year with current employer. I just really don't enjoy working here anymore.
Thanks

J.F

[simran]

Yes, your old employer LC can be used to do the extension and Xfr done.
Also if new employer have any existing approved LC, that can be used to file I140, that way u will get H1B ext easily

[abemud]

Thanks simran for your reply. My current LC has not been approved its just sitting somewhere in DOL. Anyway, I heard that my current company has to be willing to show the receipt of LC application for the new employer to use it to extend H1B. Is this true? If so, I cannot assume the good will of my current employer if I leave.

[simran]

Defn your current employer shouldn't request to withdraw the LC. Keep in mind, GC processing is for the future employment. Once the LC is approved as well as I140 and I485, you need to join our current employer back to fulfil all the requirements of GC. Ofcourse u can invoke AC21 to change jobs while I485 is being processed and 180 days passed.
In this whole scenerio ur current employer should show willingness to let u go as well as offer u to join back