starts right after you set your foot on US soil by looking at your first I-94. When you filing I-129, your lawer should include a notice from DOL showing your LC is still pending and will be over 365 days at the time of your 6th year ends . Such a notice should prove your eligibility for the 7th year H1-B extension.
It is better to state in the petition letter about your eligibility of reqested lenghth of extension. However, as long as the I-129 is correctly filed and all required documents are there. You should be OK. In case a denial, such a denial is not difficult to overturn by filing MTR.
The following part of memo may also help you, just peace of mind
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
It is better to state in the petition letter about your eligibility of reqested lenghth of extension. However, as long as the I-129 is correctly filed and all required documents are there. You should be OK. In case a denial, such a denial is not difficult to overturn by filing MTR.
The following part of memo may also help you, just peace of mind
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
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