EB1 and 8th year H-1B Extension

[go_getter007]

Hi All, my company has applied for my EB1 EA. I'm also in the 7th year of my H-1B extension that expires at the end of Sept 2007. If my company doesn't file an 8th year H-1B extension before knowing the outcome of my EB1 case and if my EB1 EA gets rejected say in Nov 2007, I'll be out of status and won't be able to continue working for my company. However, I have my EB3 labor approved. So, if my company files for the 8th year extension (based on my EB3) as soon as possible after finding out about my EB1 rejection, will it solve the problem of my being out of status? Also, do I need to leave the country while my 8th year extension is being worked on/filed?

Thanks.

GG_007