H1 extension if labor less than 1 year but approved and 140 filed

[salian]

H1 extension? if labor less than 1 year but approved and 140 filed

Now that we have PERM, Labor can get approved in less that a couple of months. Is it possible to get a 7th year extension for a person in his 6th year of H1B if Labor is filed during his 6th year and gets approved and 140 is filed immediately ?

Basically, my 6th year starts from June 2005. I have an offer form a new company and would file for my Labor probably during Aug 2005. I hope to get Labor cleared thru PERM in Sep 2005 and file for 140 immediately. Now when I apply for my 7th year H1 extension, during May-June 2006, will I get my extension because my 140 is filed?
I know that for H1 extension, Labor has to be filed for more than 365 days. Same is true for 140. But in my case, labor or 140 is not pending for more than 365 days.

There is only one person in some forum who said that he actually got his H1 extension in a similar case. But he was only about 30 days less than 365.

The AC21 portablity law is quite confusing. Can someone please respond to this question of mine. Your help is highly appreciated.

 

[sriram1975]

In my case when I filed my H1 7th year, I was short of one year by about 45 days. But I had my labor approved and had filed my 485 and it was pending when I applied fo rmy extn. My attorney told me that 485 needs to be pending. If you are goign to file in EB2 and it doesnt retrogress till then, then you are ok.