Immigration Issues/H1 transfer

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Question
Hi,
My 6 year H1B will expire on Sept 10, 2008 ( Vacation time not recaptured ) . A PERM labor was filed on Sept 4, 2007.
Labor went in audit , response sent on Nov 28, 2007.

If I transfer my H1B to new company.
1. Can I ask 1 year extension based on my pending labor ?
2. Can I also recapture my vacation time outside USA ( approx 3 months ) ?  
3. Can I use Premium Processing for H1 transfer ?

Please let me know.

Thanks in Advance

Regards,
Gaurav


Answer
You are not entitled to 7th year until your labor cert is pending one year. So you can not apply before 9/4/08. You can ask for recapture time. You do not need premium processing, since you are already in H status, you can start working for new employer upon filing of H-1 in September.

Regards,

Robert

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