7th year H1b extension while perm is pending for more than 365 days

[navemanchu]

Hi, My current H1b visa is valid till Feb 13th 2013 and I-94 is valid till 23rd Feb 2013. Our company filed for a perm in EB2 in sept 2011 and got a SR(Supervised Recruitment) audit in April 2012. Our employer prepared the ad and sent to DOL in April 2012 and DOL came back in Aug 2012 and asked to make the changes to Ad and modified ad was sent in Aug 2012. Since then there is no update from DOL. So my perm case is pending for almost 500 days.

Now, since i'm running out of time on My 6 years quota on Feb 13th, 2013, our company filed for 1year of H1b extension+1.5 months of recapture on Nov 28th in regular processing. I asked them to updrade it and then now it is changed to Premium processing as of Dec 6th.

My questions are..

1) What will be my situation if the H1B extension is denied upfront in the next 15 days ? Can I re apply for H1B extension again from the same employer?

2) If my case gets RFE, and then in response to RFE , if the case is denied after Feb 23rd 2013, I will be out of status. In this case how many days do I get to leave the country so that I will not have any issues in future to enter into US and at visa consulate?

I sincerly appreciate your inputs and your time in responding..

Thanks

Nav

[ragini81]

is there any updates on your case.