I'm trying to change jobs, and here is my situation:
Second term of H1 (6 Yrs) expired Dec 31, 09. Working on EAD since Sept 08 but have not used AP to travel outside the country. Have a copy of I-9 from the current employer showing the switch to EAD. Have an approved I-140 for over 1 year.

The new employer is willing to sponsor H-1, here is my big concern: Can the new employer sponsor an H1 for me even if the previous one expired?

The new company attorney said that they can not apply for H-1 because the I-94 and H-1 (total 6 years quota) have expired, even though I have approved I-140 for over a year. Is this true? They said that they would have to go through new H-1B quota which is full by now.

Thank you very much for your response

Your attorney is correct... H-1 or L-1 or both combined have limit of 6 years. If you don't apply for green card within this time frame, you're out.

Ma'am/Sir, I am on EAD which, is obtained after you file for GC. My I-140 is a yr old- I filed for GC much before 6yrs. It'll help if you read the question completely before answering in air.

I said the same thing your attorney told you...

The answer is based on facts given, if you are not satisfied then go find another attorney. No need to be rude...