H1 Extension after 6 yrs, less than 365 days since PERM was filed. USCIS Error

[cybervalluri]

My PERM was filed on July 5, 2016. (Approved Sept 30,2016)
I-140 was filed on Dec 5, 2016. RFE Issued Dec 9,2016.
My 6 yr cap completes on Jan 26, 2017. (includes recaptured time).
I-140 was denied on March 5, 2017. (We filed an appeal for this).
The 1 yr extension was applied in Jan 24,2017 and got APPROVED March 24, 2017. (The employer did not use an attorney for all of this process).
I used an attorney to file the appeal. The attorney told me the approval for 1 yr extension is not valid since it is not yet 365 days since the PERM was filed according to AC21. They said the approval is a USCIS error and it is better I leave and come back after July 5th 2017 with consular processing on new H1 1 yr extension based on pending appeal.

Is this the right suggestion? I am planning to leave the end of the month and I want to make sure this is the right thing.

Thank you.

[Ask@Murthy]

5 hours ago, cybervalluri said:

My PERM was filed on July 5, 2016. (Approved Sept 30,2016)
I-140 was filed on Dec 5, 2016. RFE Issued Dec 9,2016.
My 6 yr cap completes on Jan 26, 2017. (includes recaptured time).
I-140 was denied on March 5, 2017. (We filed an appeal for this).
The 1 yr extension was applied in Jan 24,2017 and got APPROVED March 24, 2017. (The employer did not use an attorney for all of this process).
I used an attorney to file the appeal. The attorney told me the approval for 1 yr extension is not valid since it is not yet 365 days since the PERM was filed according to AC21. They said the approval is a USCIS error and it is better I leave and come back after July 5th 2017 with consular processing on new H1 1 yr extension based on pending appeal.

Is this the right suggestion? I am planning to leave the end of the month and I want to make sure this is the right thing.

Thank you.

Pending PERM approval beyond 365 days qualifies for 1 year extension and your case doesn't seems to be like that.