Eligible for 7th year Extension pending labor

[lilcoool]

Hi all,

My question is whether I am eligible to get a year extension pending my labor audit for the situation mentioned below.

My original H1B expiration date : 25th Nov 2012

My new H1 B expiration date with recapture : 05th Aug 2013

My priority date for 1st labor : 9th Dec 2011

Got audited in March 2012 and got denied in July 2012.

My priority date for new 2nd labor : 9th Dec 2012

Got audited again in April 2013.

Under these circumstances if my labor audit is still pending until Dec 9th 2013(which is one year according to the 365 day rule) will I be eligible to apply for one year extension.

After Aug 5th 2013 I will going out of country and wait until labor and I-140 is approved to come back to US again.

Any help is appreciated.

Thanks