Out of Status for 11 days - 7th Year Ext

[camaro]

Hello,

 

My labor was applied on Jan 29th 2013 which went into audit in July and was replied by my employer. My 6th year is expiring on Jan18th 2014 (with recapture period). Assuming the labor audit will not be cleared and I wouldn't be able to apply I140 by Jan18th 2014, please advice how should I manage this 11 days of out of status (Jan18-Jan29) before my employer is able to apply for 7th year H1B extension. Should I leave the country (to canada as visitor) on Jan18th and then have my employer apply the 7th year extension on Jan29th? Is this recommendable for members' experience here?

 

Or should I leave the country for 11 days in the mean time (before Jan18th 2104) and recapture this period after Jan18th 2014? I have to get stamped for this. Any suggestions which would be more safer for 7th year extension is most welcomed.

Thank you,

 

[omshiv]

your Labor has to be approved in order for 365 day H1B extension to take affect.

[GNH]

Go for vacation of 18 days before Jan 18th for more than 11 days and then apply for recapture. I did the same thing because I was 1 day late on my PERM so the layer filed for recapture and extended the H1B. I was lucky because I need to travel a lot for my job which meant a lot of time outside the country.

[blancx]

your Labor has to be approved in order for 365 day H1B extension to take affect.

 

Interesting.  I thought labor (PERM application) as to be pending for at least 365 days for being eligible for 1 yr H1 extension.  An approved labor does not offer any H1 benefits, does it?  Kindly confirm my understanding.