Hello,

I am currently on 12th year of H1-b.

*My first Labor, filed in EB2 in Feb2002 was approved in April 2006. I-140 was filed in May2006. I-140 was initially denied by NSC in April2008 citing issue of education equivalance with US degree. It was appealed with AAO in May2008 and appeal was dismissed in Aug 2010.

*As a backup option, my Second labor in EB3 was filed in Oct 2008 and is pending due to audit for around 18 months now.

*My H1-b is valid upto Jan 2011

Questions:
*Can i extend my h1-b (by one year) using my Second pending Labor? It is pending for more than 365 days, though it was filed after my first six years of stint in h1-b.
*Can i file a new I-140 in EB3 using my old labor, even though the Labor is expired as per the 180day rule?