7th yr H-1B extension rule?

shankyyy

Registered Users (C)
All,

EB1 I-140 Received Date :12/26/07
H-1B 6 yrs expiration date :12/25/08

Between Dec 26th, 2007 (I-140 received date) and Dec 25, 2008 (6 yrs H-1B expiration), there are exactly 365 days (the leap year adds one extra day in 2008!). So, can I get H-1B extension beyond 6th year if the I-140 does not get approved by then? Does the rule for H-1B 7th yr extension requires pending permanent residence application (in my case EB1 I-140) FOR 365 days or pending for MORE THAN 365 days? I have already recaptured time spent outside the US.

This is critical for me; so please provide your input.
Thanks.
 
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