H1-B transfer in 5th year and GC process

[jojuantony]

Hi,

I am currently working for a US consulting company for last 2.5 years and my client as a leading bank in US. I came to United States in H4 Visa on 21st Nov 2005 (1st US Entry). I got the first H1-B on 1st Oct’06 (Company1). I have some other H1-Bs in between and now the current company visa stamping expiry is as of Apr'2011. Currently my company has filed I-140 for on 1st Oct’10 and the status is in Initial review.
Now my bank would like to employ me as an employee. In H1-B status, I have so far completed four years as of 1Oct'10. Would they count H4-status as well,if so, I have completed 5 years.
How do I know that I got with 2 year or 1 year in H1-B status? How long I can wait for the new Green card processing from this company so that I can comfortably continue to work in US till I get the GC.


Look forward to hearing from you.

Thanks,

Joju

[shervin143]

Only the time spent in H1B or L1 status will be counted towards the 6 years H1B time frame. If you change your employer now, you will have to restart the GC process all over again. However, you can recapture the priority date from your current Labor. The new company should file your labor 365 days before 6th year end to get the 7th year extension (Assuming your current employer will no longer continue the GC process after you quit them).