Audit received on perm application and visa max out near, need advice

[L1_xtension_query]

I am on H1 visa, which will max-out on oct-22-12 (including vacation time). My perm application was filed on jan 12 and I received an audit on the application in April, my company replied to the query sometime in last week of April. I am still waiting for a response on the audit.

Since i am 78 days short of the 365 days mark since perm application was applied I am planning to take some vacation and go to India to gain some time so that even if my perm application has no response then I can still apply for my visa extension.

The tricky part is i will have to travel couple of time to gain the 78 days, I am planning to go to India next week and stay there till oct-06-12 and come back and apply for visa extension to gain the vacation time and by then if my perm appliction has not received any updates then travel to India again on nov-1 and return on end of nov and come back and apply for another extension till jan13.. After that I can apply for 1 year extension if I do not get any response from labor dept.

Just wanted to know all you expert minds thoughts on the idea of traveling to India couple of times and go for visa stamping both times...

Thanks!

[US_H1_123]

I think its not a bad idea to go out and will for sure work, technically.

A few things to keep in mind -

1. Will your company be willing to apply for these many extensions? its not cheap these days. Also regular extension processing may take up to 2 months and premium processing is $1200 extra.
   
2. Wouldn't it be better to work from India by the time you have earned 365 days rather than going back and forth and raising a red flag at the port of entry? this depends on whether your company allows that. If I was your HR, I would prefer you work from India than doing all this paperwork and put so much money in.
   

[L1_xtension_query]

Thanks for your response, US_H1_123. I am trying to talk my HR into it. About the second option that you have mentioned, my visa will expire on 10/22, so i can my company file for my H1 extension while i am in India ?? I that is doable then i will stay in India till i have earned 365 days but the way i understood it was, unless i am physically present in US, my company cannot file for my visa extension.. Is that correct ??