Hi,

My employer filed my perm in 2008 and my labor and I-140 got approved.

But then i got promoted in 2009 and my old labor was void because they had to file a new H1B for me for the new job position. My attorney says that my I-140 is still approved but we will have to file a new labor.

I know that my H1B can be renewed for 3 years because of my i-140 being in approved status but in case my attorney doesnt file the new labor before my current H1B expires(6 yrs), can i still renew my H1B on the basis of the I-140 without my labor being even filed?