Is my H1B 7th year extension valid?

[member2009]

Hi,

My employer applied for my H1B extension in March 2011 (my 5th year of H1/L1) for the remaining H1 period of one year (I will complete my 6 years in Aug 2012) as well as for the additional one year (7th year) in the same application since my labor which was applied in Feb 2009 was audited/pending for more than one year at the time of H1B filing. The H1B extension was approved for 2 years until August 2013, which included the 7th year.

However, my audited labor was later denied in March 2011 (after H1B was filed) due to a missing roving component in the Job duties. My employer re-filed a new labor in July 2011 which got approved and subsequently filed I-140 in premium processing which also got approved in Nov 2011.

My question is:

1. Even though my H1B extension for the 7^th year was approved due to the fact that my labor was pending for more than one year, is this extension valid since the labor was later denied?

2. Do I have to reapply for the 7^th year extension again before the completion of my 6 years or can I wait until 2013 i.e. 6 months prior to the completion of already approved 7^th year and then apply for additional extension, using my approved I-140?

Thanks for all the experts and attorneys who have been helping out in this forum.

[noauditplz]

1.Yes

2.you can wait until 2013 to apply for extension with approved I140