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7th Year H1B Extension - PERM AUDIT

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Hello All,

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.

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H-1B extension beyond 6 years require an approved PERM application and not a pending application. A decision not arrived (whether it is PERM 1 or PERM 2) until the completion of 6th year might require you to step out of the country and come back after the H-1B is extended for 1 year based on an approved PERM. 

In order to increase your chances, maybe step out of the country for a month or two (maybe vacation 🙂) and claim back those months in the max out time and hope that the PERM is approved by that time. 

With PD retention yes, but not for the extension of H-1B status. 

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