7th Year Extension - PERM in BALCA

[Aanji]

My 6th year visa expires this year end and I have received Notice of Docketing from BALCA for my PERM. My attorney has send the statement of intent and now I can get my 7th year extension based on the BALCA appeal. But my attorney suggests to file for h1 extension under premium processing before we send the appellate brief to be on the safer side.

My concern is filing so early and doing premium processing would raise a flag to the USCIS and they can reject my extension.

I kindly request your thoughts on this ASAP. Thank you!