Less Than 1 years remaining, can new company file Labor application

[AA1986]

I am on H1-B with max out in Feb-2017. My current employer informed me in Mar-2016 that they are unable to file my green card due to some company policy.

I am trying to switch to companies (either permanent or contractual position). Assuming that my new firm has no constraints and can file GC at anytime -

a. will they be allowed to file my Labor since less than 365 days remain?

b. If they file my PERM and I await output till Feb-2017, can my H1-B still be extended beyond the 6-year max out limit?

[chaitac]

Hi

I am also in the same position , with H1 expiring on Sep 30 , but has 6 months of unused H1. Will be helpful if you can share any options or answers you found.

thanks in advance

pani

[Andy1981]

Less Than 1 years remaining, can new company file Labor application

A. You can apply PERM as long as you have a H1B validity

B. To extend H1B, you should have approved PERM and I140