Thanks a lot for your response, 863211. Talked to a lawyer this morning and he suggested to refile the H-1B with the new LCA plus the premium service.I agreed.
You mentioned that "If your H-1 extension petition is denied, you can not extend your H1 beyond the 6 year limit any more." The lawyer said there were two parts of the filing, likely the extension will be denied but the H-1B might be approved. Is this true?
-The problem is that you are not qualifed for the extension beyond the 6 year limit if this extension petition is denied. So, even if what the lawyer said happens, it is useless to you. What you can do is to ask your employer to get the LCA approval and mail it to USCIS for the RFE. If you are lucky, USCIS may approve your H1 extension, then it will be fine. Otherwise, it will be trouble.
I have an approved I-140. Does this help to get a extension beyong the 6 year in my current situation.
-Your problem is not the approved I-140, but you did not provide the approved LCA before your 6 year H1 ended (you have used the approved I-140 there).
If there is no chance to get the extension, is the refiling a waste?
-Useless if this one is denied.
Thanks again.
