5TH Year rule,and labor certification

[Sam6]

Hello
I am finishing 5 years on my h-1b visa on may7th 2005,and the company i work for has filed a regular LC certification in March 2005.They are going to file an application under PERM,but it mostly will be under EB-3,due to job descriptions,and the SVP issue.I am trying to get them to file under a higher position,but don't know if this will work.
I am talking to couple of other companies,and they might be able to file my PERM application under EB2.My question is this:

Would filing with a previous employer satisfy the clause of being able to extend the visa beyond 6 years,though i might not work for them,and working for another employer who is filing under PERM?
Experts your answers will be much appreciated.
Thanks in advance.
Sameer

 

[desp2002]

Hello
I am finishing 5 years on my h-1b visa on may7th 2005,and the company i work for has filed a regular LC certification in March 2005.They are going to file an application under PERM,but it mostly will be under EB-3,due to job descriptions,and the SVP issue.I am trying to get them to file under a higher position,but don't know if this will work.
I am talking to couple of other companies,and they might be able to file my PERM application under EB2.My question is this:

Would filing with a previous employer satisfy the clause of being able to extend the visa beyond 6 years,though i might not work for them,and working for another employer who is filing under PERM?
Experts your answers will be much appreciated.
Thanks in advance.
Sameer

You should be able to extend your H1b based on the LC filed in March with the old company. The old company should not revoke the application and should not have substituted (in case it gets approved) it for someone else before you apply for H1b extention.

There is a lot of discussion on this issue on this forum as well as on Murthy.com. Try reading through it.