When you say that your second H-1B expires on 04/13/2013, I presume you mean that your six years of H-1B eligibility will expire on that date as well. In order to extend your H-1B status beyond six years, you need to apply for your green card (file PERM labor certification or I-140) one year before your sixth year expires. In your case, you are already into your sixth year so that might be problematic.
If you have traveled outside the U.S. since you obtained your H-1B status, the days that you were outside the U.S. do not count towards your six years of eligibility. So, you may be able to recoup those days.
In any event, you should start the process of obtaining a green card ASAP. Depending on your education level and background, your employer may have to recruit for your position before filing the PERM application. You should seek legal assistance from an experience immigration attorney who can review the specific facts of your case and advise you on the best strategy.
Our office handles employment-based cases for clients throughout the U.S., including Minnesota.
Good luck,
Mark J. Curley
Curley Immigration Law Office
www.curleylawoffice.com
Answered on Apr 21st, 2012 at 1:57 PM