H1B visa extension after 5years

[penguin80]

I worked for an employer on h1b from oct,2005 to jun, 2007 and then for another employer from jun, 2007 till now (Aug, 2009). My I797 says my H1b is valid only till 05/2010. Since i wud complete my 5years in US only in Oct, 2010, is it possible for me to get H1 extension for another year in 05/2010 even if my employer doesn't file for GC or he starts GC now but I don't get I140 by 05/2010. How and when do I need to apply for H1B extension.

Thanks

 

[EricS]

You can apply for H1 extension 6 month prior to expiration date of existing H1.

To get extension beyond 6th year, LC/PERM need to be filed 365 days before the expiration of existing H1. Better file it atleast 13 months ahead or as soon as possible otherwise you will not have much time to mail the H1 7th year extension application.

If your 140 is approved and you cannot file 485 due to retrogression, then you can get 3 year extension even if the LC/PERM was not filed 365 days before the expiration of current H1.

To get H1 extension beyond 6th year, you must have a GC pending. I do not know of any other way.