please give me a plan of action

[Tungsten]

H1 expires May 3 2002
Filed labor Eb2 June 2 2001
vacation time 4 months
what are my choices
can i extend H1 based on vacation ?
If the labor takes time for approval and for 365 days rule to apply i have to wait till June 3 2002
What proof is required to show vacation out of country.
Passport stamping is not visible in some cases.
Gurus please help give me a plan of action.
Should i take vacation for one month now with proper documentation maintained about it such as entry and exit dates?

 

[r_ross]

I would adviose finding a good lawyer

AC21 requires that you file for the 7th year extension in reasonable amount of time before your H-1 expires for you to get approved. Since yours expires in May, you need to file latest around April. In the same application you need to request extension of your existing H-1 based on your four month vacation (I am assuming this vacation was outside the US). All of this has to be presented in a clean and coherent manner - only a good experienced lawyer can do that. INS has been pretty reasonable lately with interpretation of AC 21 laws as long as the application has a logical presentation.