got H1 extension beyond 6-year limit???

[GRamesh]

Hi,
my 6-year H1 period is supposed to end next week. But, during my last H1 extension I got I-797 approval until January 2004. This date is beyond my 6-year period end date. I also got H1 stamp in my passport revalidated until Jan 2004. My I-485 is currently pending with INS for almost 11 months.
My company's lawyer is telling me that I don't have to apply for 7th year extension as my I-797 is valid until 2004. Will the period between 6-year expiry date and I-797 expiry date be automatically considered as 7th year extension. If I do not apply for H1 extension will I be out of status.
Thanks for your input.
-Ramesh

 

[jaxen]

7th year extension isa separate application, u have to apply distinctively for them, so that INS will record this as a special H1 extension. You can apply for a regular 1 yr extension citing AC21 but can use the current visa for travel.
Another option is using EAD. You dont want to risk out of status time on a mere technicality...