H1-B 6-yrs+Time Recap + LC approved from previous employer + apply for H1 exten

[padi_fan]

Hi,

My current employer has filed to recapture some time that I had stayed out of US while on H1-B visa. Including this recaptured time, my 6-years will end in May-04. My current employer will file for my Labor certification(LC) in Sep-03.

{Since my H1-B will be valid only till May-04, I will not have 1-year after the new LC is filed(current employer) while on H1-B , and so , I may not qualify for the 1-year extensions based on filed LC.}

Here is the TWIST: My previous employer had filed for LC in 1998, which was APPROVED in 2001 - just after I had joined my current employer.

So, 2 year has passed since the LC was filed (by my previous employer) and I am still on H1-B visa(working for my current employer).

My questions are:

1] Can I get the 7th year (and the 8th year, and the 9th year, .....) extensions based on the LC filed (and approved) by my previous employer?

2] Suppose I get the 7th year extension from May-04 to May-05 BASED ON the LC filed by my PREVIOUS employer. Since my current employer is filing for my LC in Sep-03, would I be eligible for 1-yr extensions after Sep-04 BASED ON my CURRENT employer's LC ?

3] How many times can the BCIS give me 1-yr extensions based on the LC filed by my previous employer, which was actually approved in 2001?

 

[ginnu]

My questions are:

1] Can I get the 7th year (and the 8th year, and the 9th year, .....) extensions based on the LC filed (and approved) by my previous employer?
--- YES, you need to have proof that LC for you was filed and approved, copy of approved LC will be enough
2] Suppose I get the 7th year extension from May-04 to May-05 BASED ON the LC filed by my PREVIOUS employer. Since my current employer is filing for my LC in Sep-03, would I be eligible for 1-yr extensions after Sep-04 BASED ON my CURRENT employer's LC?
---- Once you cross 365 days after your current employer files LC that can also be used in future for 7th year extension
3] How many times can the BCIS give me 1-yr extensions based on the LC filed by my previous employer, which was actually approved in 2001?
------ I don’t know ask your lawyer. BCIS may question why your employer is not filling I-140 and I-485? You need lawyer to handle these questions.