7th year extension and new H1 in April 2014

[SSJune2012]

Hi,

 

My six years of H1 (with full recapture) got completed by November 2012. I left US by end of November 2012 and moved back to India.
My PERM was filed in June 2012, went into audit and got denied. My employer filed for appeal and it is pending in BALCA.
365 days PERM pending criteria was complete by June 2013 and I did not apply for 7th year extension.
By end of this month, I will complete 365 days out of US.

 

I would like to know

 

Can I file for a 7th year extension next month and enter US by Jan - Feb 2014 and also simultaneously apply for new H1b in April 2014 cap?

 

Thanks,
SS

[csrkk]

I am also in the same boat... only difference is i filed 7th year extension and waiting for approval.