LC and 365 day issue

[kris88]

Hello all,

My labor certification was filed by my employer on 3/5/09. Since my 6 years of H1 end on 1/25/10, the gap between the dates is less than 365 days. I have also been out of the country for over 7 weeks (which coverts the gap) during the 6 years of H1. My questions is whether the following approach is correct:

1. My employer files (right away) for an extension based on the number of days I have been out of the country, getting me an additional 7 weeks on my H1

2. This effectively pushes out my H1 through the end of March 2010

3. My employer then files for a 1 year H1 extension starting from 3/5/10, giving me a year to get my Labor and I140 approved, and we keep filing extensions every year till the GC arrives.

Is my understanding of the process correct? Would I need to leave the country for any reason for any of this to happen? Any help or feedback you provide will be enormously useful!

Thanks everyone!
Kris

[txh1b]

Seems right in theory. Make sure the recapture time covers your base. They can file for an extension 6 months prior to the H1b expiration only and get both the recapture time and extension at the same time.