ication application pending for more than 1 year by the end of the 6-year H1 period, he will be able to renew his H1 for the 7th and the following years, annually, until he gets the labor certification, and before he even files I-140 and I-485 for green card. Therefore, he, not only can, but would be in a better position if he switches to the employer now who would sponsor his labor certificate. The critical moment is that he submits the application for the labor certification before the end of the 5th year of his H1.