PERM audit pending and 7th yr extension

[Vvr85]

Hi, 

My PERM was filed in sep 2,2021 and it’s currently in Audit and no decision yet. I will max out in Oct. planning to apply for 7th yr extension . Have one question regarding that. If H1 extension filed and is awaiting decision and if PERM gets denied should I be exiting the country immediately?

[Attorney_15]

Generally, if one has timely filed an H1B Petition seeking an extension  of status based on a pending PERM and the PERM is denied before the H1B Petition is approved, that H1B Petition could still be approved if there is no "final decision" on the PERM. Generally, one can avoid a PERM denial becoming a "final decision" by appealing the denial - which is by filing a Request for Reconsideration or a Request for Review.

[avh]

@Attorney_15 In general, can one file for h1b 7th year extension based on pending perm approval? or does that only apply if the perm was filed and awaiting decision for more than a year? 

[Attorney_15]

The 365 day rule applies if one does not have an approved I-140 AND the Priority Date is not current. Just a PERM approval filed less than 180 days earlier provides no benefit. However, one can generally request the additional 12 months in advance of reaching the one year if the original 6 years will take you to the 1 year mark.