H1B extension post 7th year

[geethb]

Dear Gurus,

 

Short question:
Can approved 140 be used to extend maxed out H1B visa (from India) after staying for 7 years.

Long question:
I am currently in my 7th year.

 

H1b visa (Extended) expires Dec-2014. Extension achieved using approved 140 but it has been revoked by my prev employer later.

 

My current employer is filing for Labor but seeing the trend, there is a high probability that my new labor might get audited/denied too.

 

If i join new employer around Jan-2014, and they initiate Labor & it goes into Audit, i will return to India. But once 140 gets approved, can i use that to extend the H1b visa.

 

In other words, can approved 140 be used to extend maxed out H1B visa after staying for 7 years.

Ideal scenario: My H1b 7th year will expire dec-2014. I will go to india just before it expires. Labor gets approved Jan-2015. 140 applied from india Jan-2015

 

Do i need to go to india before dec-2014 so that i can use that time for recapture & file H1B extension after 140 gets approved

 

Thanks,
Geeth

[geethb]

Gurus can you help