Suggestion Please Ginnu and others

[rk4gc]

1. My friend has labor certification pending for more than one year.
2. His H1 is expiring in sept 2005.
3. He has about 3 months of time he spent out side USA.

Now the question is can he file for the 7th year extension and claim the 3 months time he spent out side USA in the same petition ?

Can he file for an extension of 1 year 3 months time using this info ?

 

[ginnu]

1. My friend has labor certification pending for more than one year.
2. His H1 is expiring in sept 2005.
3. He has about 3 months of time he spent out side USA.

Now the question is can he file for the 7th year extension and claim the 3 months time he spent out side USA in the same petition ?
-------- it is upto USCIS to add 3 months or not and also depends how the lawyer argue the case. I think he will get 7th year H1 if he files the 7th year H1 extension with evidence of LC pending more than 365 days and the evidence is the recipt that lawyer gets from SWA after LC is recieved
Can he file for an extension of 1 year 3 months time using this info ?