My H1B Max out is Aug 2023. My PERM(PERM 1 for clarity, PD Feb 2021) is currently in Audit(Response sent by employer on Oct 21).
I have a question about my 7th year H1B extension, if my PERM is denied now and my employer submits a new PERM(PERM 2).
Could you please confirm if I can use the 365 day PERM duration for my 7th year H1b extension using PERM 1 PD Date (Feb 2021) even if PERM 1 is denied?
My understanding is that if a decision is made on the PERM 1, we cannot use that for the 365 Days period for my 7th year H1b extension anymore.
The 7th year H1b extension application is valid only if the PERM is pending decision and not if it has been denied.
My employer attorney says we can use PERM 1 PD even if it is denied as long we apply PERM 2.