Previous H1B visa holder then current H4 visa with pending new H1b

[astonbrook]

hi!

I entered Us in dec. 2006 for my previous H1B then got laid off in July 2010. I am currently having an H4 visa now because of my spouse who got his own H1B in 2008. On the other hand, a new employer filed a new H1B for me in September 2010 and still waiting for the approval.

Since there is a 6 year maximum limit in H1B, what will be the remaining years that I will be allowed to stay in US? Can I be eligible to file an extension of my H1B (if I reach the max. 6 year) once the new H1B get approved?

When I was in my previous employer, I filed my PERM in 2009 and my papers are under Labor's Audit until now and I haven't receive any approval yet to proceed for I-140 application. Once the Labor's Audit release a result on my papers, is it still valid? Is it still ok to continue filing for I-140 knowing that I will be having a new H1B under a new employer?

[shervin143]

You need to spend 1 year outside U.S to get a fresh 6 year term on H1B.

You will have to restart the GC process with the new employer. Your new employer will need to file the labor 365 days prior to your 6th year end of H1B to get the 7th year extension.

[astonbrook]

Thanks for the info.