7th Year H1B Extension - PERM AUDIT

[ElectricalEngg 0]

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 7^th 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 7^th year H1b extension anymore.

The 7^th 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.
 

[Engineer80 0]

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.