H1B 7th year based on old LC

[bumblebee]

My first H1B is almost 6 years old. FOr the last year I have been on EAD, switched companies with AC21. Now I'm thinking of transfering the H1B to the new companies.

1) I know I'm not currently in H1B status, but can I get that status back? I'm willing to travel to consulate to get the stamp
2) Can I get 7th year H1B extension with the current company based on substituted LC that my previous employer filed, or the I-140 that was subsequently approved, which my I-485 is based on? Law says that "...any labor certification pending for 365+ days.."
3) Since I had H1B status in the past, am I exempt from the cap in such a new employer H1B + 7th year extension situation?

 

[ginnu]

My first H1B is almost 6 years old. For the last year I have been on EAD, switched companies with AC21. Now I'm thinking of transferring the H1B to the new companies.

1) I know I'm not currently in H1B status, but can I get that status back? I'm willing to travel to consulate to get the stamp
----- I hope that option to revert back to H1b status is closed for you
2) Can I get 7th year H1B extension with the current company based on substituted LC that my previous employer filed, or the I-140 that was subsequently approved, which my I-485 is based on? Law says that "...any labor certification pending for 365+ days.."

------ it was possible if you would have been on H1 status and maintained H1 status
3) Since I had H1B status in the past, am I exempt from the cap in such a new employer H1B + 7th year extension situation?

----- go to knowledgeable attorney, I dont think you can revert back to H1 as you dont have H1staus it expired and have used EAD