H1B 7th Year, RFE

[amar14]

Hi,

This is my situation:

My first employer applied H1B only for 2 years and 6 months. My second employer applied H1B for 3 years. And my H1B expired on March 30th 2012 ( still 6 months left for my 6 years in H1B).

Now my second employer applied for my extension (6 months + 1 year). Now I received an RFE asking for status on Labor. My labor was applied on July 2011, but was denied and now it is on appeal.

My question is, am I eligible for the 365 days rule for 1 year extension or should I have applied for labor before March 30th 2012.

Thank you