H1B expiring in another 8 Months

[sixyrs]

Hi, my H1b is expiring Dec 17, 2006. Company is done with ads for LC under perm. Waiting to file Labor in the first week of May 2006.
I have following questions:

1) My attorney told that if my I-140 is approved by 15th December, we can still apply for 7th year extension. Is she right?

2) Am I subject to H1 cap for a 7th year extension? I guess not, but would like to confirm.

3) If I file my LC in May 06 and let's say I get LC approved in 2 months, I will be left with 5 1/2 months on H1 for I-140 approval. Is this sufficient time to get I-140 approved? especially with the recent change in centralization of USCIS service centers.

I really appreciate any inputs.
Thanks,

 

[GotPR?]

1) if you are affected by retrogression, yes
2) No
3) Only God knows. I do not say 5 month is "sufficient", but it may be possible to get I140 within 5 month if thing went fine without problem.

 

[sixyrs]

Thank you for clarifying on the above.
Since 5 1/2 months puts me really close, my attorney suggested that I can consider a couple of months vacation as it will stop my H1 clock and will give me an additional 2 months (recouping vacation) for I-140 (7 1/2 months).
My current H1 is stamped until JUL 31 2006, but I have H1 petition from INS till DEC 17 2006. So I would like to watch my LC time and also any changes in I-140 processing time and then plan on vacation sometime in August.

Do you see a problem with my H1 stamping at consulate as I will have only 3 months on my H1 from then?

What if I leave US in June and re-enter before JUL 31st as I have visa stamped till the 31st of July. Do you see any problem with this option?

Thanks again for your time.