Got 3 years extension with pending Labor

[ramarao832]

I need an assistance on my H1 extension after 6 years of stay in USA.

I traveled to USA on 26/Apr/ 2006 and worked for " xyz" consultancy till 31/Mar/2007. On 01/Apr/2007, joined in "ABC" company in US for permanent position. I travelled to India on 18/Feb/2008 and returned to USA on 01/Apr/2008(Around 40 Days Vacation) and then I never travelled to India. So in 6 years period(6*365 days) I was on vacation for 40 days. I'm still working for "ABC " company. My employer filed Labor on 02/Jun/2011(Which is end of 5th year), unfortunately that Labor got denied, went for appeal and currently it is in BALCA. I had workpermit valid till 04/Nov/2012 and my employer went for extension with pending Labor after 6 years . I got extension till 31/Mar/2015, which is around 3 years extension.

Now my question is, is it valid extension getting 3 years on pending Labor after 6 years of stay in USA. Can I stay in USA till 31/Mar/2015 and can travel to India with this workpermit, get Visa and travel back to USA?

Thankyou so much for your assistance.

[Attorney_11]

An extension beyond the sixth year in H-1B status is possible in a 1 year increment when a PERM has been filed before the end of the 5th year in H-1B classification, or a three year increment if the individual is the beneficiary of an approved I-140 in a backlogged immigration category. It may be valuable to speak directly with a qualified immigration attorney to discuss personalized issues and validity of H-1B classification authorized by USCIS.