H1B 8th year extension dilemma

[sg70]

Hello,

Here is my situation

My 6 yr H1B with Company A expired Nov 06. I got 1 yr extension based on my pending labor certification. In between i.e. on 7th year I moved to different state and transferred my H1B to company B.
My H1B with company B expired 2 weeks ago. B has filed for the 8th year extension and decision is pending.
B is not doing great financially and I am living in everyday fear of getting laid off.
I have found another job with company C, and now it seems that I can no longer get H1B extension since my labor certification with Company A will expire on Jan 17 and I have to have 1-140 filled before Jan 17,08 to get further extension. Is it true? What should I do?

If it is not true, Can I immediately start my tranfer process with premium processing while my current application is pending.

Appreciate your quick feedback.

Thanks

 

[manwithnoname]

Correct - all labor certifications from the backlog elimination centers will be invalid after mid-January 2008. You must keep this GC process 'alive' by filing an I-140 ASAP, to become eligible for H-1B extensions.

 

[sg70]

Thanks for the reply.

Since my renewal application is pending and legally l can continue working till I get the decision. Also I am not in the position to file for 1-140 as the labor was filed with company A.

(1) What will happen to my legal status, if I get the rejection on renewal application in Feb/March. My I-94 date is Jan 2, 08.
(2) Can I go out of the country and re-apply for H1 after a year. When will the 365 day clock begins?

Thanks again

 

[GotPR?]

I didn't follow up LC expiration issue, but it seems to me that only approved LC has 180 days validity period.
What is going to expire in Jan is LC approved before July.

http://www.murthy.com/news/n_palc08.html

You should talk to lawyers before taking action.

BTW, is your LC still in BEC ? I think BEC was closed a few days ago and I thought they must complete all the cases by the end of Dec.