7th Year extension..old Labor pending..but employer is taken over

[santosh1977]

Hi Friends,

I need your advice on my situation.

My 6th year of H1-B will start in Dec 2008.

My Labor was filed by Company A in 2007. The Labor went into Audit and is still pending for approval.

Now Company A has been taken over by Company B and B is my new employer. B said they will file all the Labors from start.

My question is:
1) Will company B has to go through all the Advertisement process again to file my new Labor, which will take 3-4 months and will definitely extend into my 6th year.

2) Assuming company B files my Labor in my 6th year of H1B, then can Company B file for my 7th year extension based on my previous pending labor with Company A?

Thanks much,
Santosh

[txh1b]

1. Yes. Depends on why they want to re-do the labor. They might have not got the immigration responsibility in the takeover/sale.
2. No. You may have to travel outside US, save some H1b time, age out the filed labor, enter again, recapture the H1b period spent outside US, obtain 7th year extension based on now aged out labor for more than 1 year.

[santosh1977]

Thanks for the quick response.

Appreciate it.