7th Year Extension Urgent To Understand

[greenvisa]

My 6 year H1b visa is expiring on Feb 4th 2005. Labor for Green Card has been applied on May 2004.
Company lawyer mentioned I am short of days since for 7th year extension i have to apply befor 365 days.
I have been out of US for 45 days only till now. But he told if i can be away from country for 3 months I have chance of extension. I will be leaving on mid of Sept and coming back on mid of Dec so that i have time to apply for extension.
Question?
Can i leave for vacation on september end and be back on December.
Is it possible I can get extension with this?
How much chance I have?
What all documents I will be needing to prove that i was out of US for vacation?
Can I get my date of departure and date entered to US informatio. Since lot of information like ticket and previous I94 information destroyed in fire?

Please help me in this matter......

 

[poppyjoy]

Hi,

This is my personal opinion. Me and my husband were in the same boat.
I had applied for labor and so when I applied for leave extension, it got approved but for my husband we got a query stating to prove that the vacation was official with all the documents.. but he didn't apply for his labor but just to keep in status we applied for him and applied for 7th year H4 extension and ultimately it got denied.I have a feeling it depends on the officer also.

Hope this helps.

 

[Jim Mills]

You can recover time that you spent out of the US if it is a "meaningful interruption" of your time in the US. It seems doubtful that a vacation qualifies. I've successfully recovered even a few weeks vacation but the outcome and the ability to do it again is questionable. This is a matter of fact that you should take up with your attorney.