Labor filed in 6th year

[v240469]

My H1B visa is expiring on Dec 25th of 2011.

I would like to know if my employer files my labor by Feb or March of 2011 and if everything goes well and my labor gets approved in 3 months time (Example by July) and then my employers files my 140 on a premium basis and this gets approved in a month's time (Example by September).

Am i eligibile to appy for my H1B extension?

Please let me know

Krish

[txh1b]

Yes, for 3 years provided everything happens as you mentioned. Requirement is to have the I140 approved before your 6th year if the labor was not applied prior to 1 year of expiration.

[v240469]

Labor filed in 6th year

I have got my PERM approved, I still have my H1B visa in the sixth year valid until Dec end of 2011, should I apply for I-140 under Premium processing or Normal Processing for EB3 category.