H1-B 7th year extension with COS receipt?

[Jay12345]

Applied for PERM in the 6th year of H1-B and received an audit. Therefore have applied for Change Of Status (COS) before H-1 expiration and currently in the process. Also have received the receipt number for COS. H1 expires on 1st of Nov '12. According to the current COS processing time it may take up to 3-4 months for the approval.

So the questions are, if the PERM gets approved after Nov 1st, can we apply for the I-140 while in the change of the status process (without the COS approval and just using the receipt of COS)?

Also if this is possible and if I140 gets approved, can I apply for the H1 extension before COS process is completed using the COS receipt num?

Greatly appreciate any input...

[Jay12345]

Any input is greatly appreciated,,,,

[pontevecchio]

The I-140 is unrelated to the COS to I assume H4. Worst case a long flight to your home country and back with the visa.