If a person transfers H-1B to a new employer while the H-1B has less than one year of duration, the person then files under PERM, gets approved and files I140 before the end of the H-1B duration. Supposely due to visa retrogression, the person can't file I-485. Can this person file for the one-yr extension based on pending I-140 (LC would be less than 365 days)? Thanks.