7th Year extension from F1

[camaro]

All,

 

Please advice. My 6th year H1b is expiring in Sept and labor, which was applied on Jan 22nd is in audit. I have 2.5 months of vacation period on H1B which I can use. Should I use it from september when my current H1B expires or should I use it starting January of next year and then apply for one or three year extension depending on my labor approval? Should one be on H1B to get the 7th year extension or can I be on any status such as F1 or B2?

 

Thank you.
 

[pontevecchio]

Talk to your Lawyer as decisions need to be made based on your specific facts.

[camaro]

I had consulted a couple of attorneys in Houston and got a mixed answer: one saying you can from F1 and one saying you have to be on H1 to be the 7th year extension. That is why I have posted here so that someone can share their experience.