h1b 7th year extension and h1b gap recapture ZHIYI20052006-09-02 21:12:59

Hello, Dear xiaobaitu and All,

This is my situation. I got my first h1b visa approved on 2000/12/22 in China and I stepped into the USA on 2001/12/22. My H1-B visa will expires on 2006/12/12. I filed my labor certification application at 2003 and it is still pending. It is the time to extend my H1B.

My questions are as follows:
1) If I consider my time in the USA, taking into consideration date of first arrival , I almost have used 5 years H1B, can i recapture the unused 1 year h1?

2) Since I filed my labor certification 3 years ago, can i concurrently file the 7th year h1b extension? It means can i extend h1b to 2008/12/12 instead of one year extension?

Thanks,

Usually it's difficult to verify your LC still pending,