H1-B 9th year extension

[wanna_stay]

My H1-B expires on Jan 10, 2008. My 365 days on PERM will be on March 17, 2009. My PERM got an audit and I don't expect it to get approved any time soon. Can I file for H1-B extension before Jan 10, 2009 and post-date the start date to March 18, 2009? In that case I can take a vacation for 9 weeks, leave the country and re-enter on the H1-B extension? Has anyone done this?

Can I leave the country for a couple of months and try to recapture it to get me past the 365 days and then apply for extension? Has anyone done this?

[txh1b]

In that case I can take a vacation for 9 weeks, leave the country and re-enter on the H1-B extension? Has anyone done this?

Can I leave the country for a couple of months and try to recapture it to get me past the 365 days and then apply for extension? Has anyone done this?

Yes. That is what many people in your situation do. Talk to your attorney.

[wanna_stay]

Did you mean yes for post dated H1-B or the recapture?