7th Year extension and 365 days rule

[camaro]

All,

My 6th year H1b is expiring in sept 2013. The labor was filed in Jan 2013 and still in processing. My previous labor was filed in 2011 but was audited with no response for more than an year. So it was withdrawn by my employer and a new labor was filed. Can I get my 7th year extension if my labor is approved and my I140 is approved before sept 2013? or do I have to wait till jan 2014 to get my H1b extended due to the 365 day rule? If my labor is not approved by then or is audited, what can I do to get a 7th year extension?

Any advice will be helpful.

Thanks in Advance,

S

[kalyan_ac]

If both PERM and 140 are approved, you can file for a 3yr extension of H1b.

You will have to be in a different status of out of the country between Jan & Sept 2014 if the labor is pending.