Existing EB2-NIW, do I need labor certification and am I limited by a number cap ?

[indiandude1]

I am past the 6th year of my H-1B and have an I-140 EB2-NIW approval dated April, 2010. The date on the I-140 is mid April and my 6th year in H-1B ended at the beginning of April, 2011.

When my employer applies for an extension (or I use the portability clause AC21 to change employers), do I :

1. Have to get labor certification ? I already have the waiver for labor certification in the form of my NIW.
2. If I transfer from a non-profit research employer (current employer) to a for-profit industrial employer (a potential future employer), am I limited by the numbers limit for a for-profit employer (I have never paid much attention to it, but I know there is a limit on the number of H-1B visas for for-profit employer every March and / or October) ?

The reason I ask is that had I been a French citizen (just to pick an example of a random country without visa retrogression in EB2) instead of being an Indian citizen, I would have been a permanent resident today and all this H-1B business would have been irrelevant. So, for a hypothetical French citizen with my record, the answers would be 1. No. 2. No. Are these answers different for me ?

 

[angela20]

It is possible to get your H1-B visa approved for more than 6 years in some cases depending upon your employment based green card processing status.

 

[ginnu]

I am past the 6th year of my H-1B and have an I-140 EB2-NIW approval dated April, 2010. The date on the I-140 is mid April and my 6th year in H-1B ended at the beginning of April, 2011.
------- as your H1 B ended beginning of April, 2011 did the employer file H1 extension BEFORE I-94 expiry date? if not filed how your employer can file H1 extension After I-94 gets expired? Do you have I-485 pending? Post the clear info

When my employer applies for an extension (or I use the portability clause AC21 to change employers), do I :

1. Have to get labor certification ? I already have the waiver for labor certification in the form of my NIW.
2. If I transfer from a non-profit research employer (current employer) to a for-profit industrial employer (a potential future employer), am I limited by the numbers limit for a for-profit employer (I have never paid much attention to it, but I know there is a limit on the number of H-1B visas for for-profit employer every March and / or October) ?

The reason I ask is that had I been a French citizen (just to pick an example of a random country without visa retrogression in EB2) instead of being an Indian citizen, I would have been a permanent resident today and all this H-1B business would have been irrelevant. So, for a hypothetical French citizen with my record, the answers would be 1. No. 2. No. Are these answers different for me ?

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[indiandude1]

I do not think you understood.

First, my green card I-140 approval is NOT employer based. It is a National Interest Waiver EB2.

There is no I-485 pending as India is EB2 retrogressed.

With my previous employer, my H-1B expired on June 30, 2010.

When I moved to my current employer, they used my I-140 approval to extend my visa/I-94 past the 6 year limit (to June 30, 2011 or July 1, 2011 - I forget which).

So, please answer my questions. Thanks!