H1B extension while PERM audit result is pending

[jona2013]

I completed 5 yrs. in L1B on Oct. 2012, and I got transferred to H1B and thus I am in my 6th year in US. My current H1B is getting expired on November 2013.

My current employer is not willing to do my GC.

I contacted a consulting company who assured that they can do my GC.

When I inquired about the risk factors they assured me that in the event of an audit, they will immediately work on it and while the audit result is pending and taking time., they will apply for a 1 year H1B extension

at-least a month prior to my H1B visa expiry.

Question:

#1. Is it possible to apply for a H1B extension (1 year) while my audit result is pending?

#2. If Yes, how long will it take for the H1B to get approved?

Kindly advice.

Thank you..

[Attorney_11]

Extensions beyond the six years in H-1B classification typically are permissible when a PERM has been filed a year or more before the end of the six years or an individual is the beneficiary of an approved I-140 in a backlogged immigrant category. An extension beyond the six years is possible even if an application is on appeal or under audit so long as it was filed more than one year before the date the extension beyond the six years of H-1B time is requested. An H-1B petition initial or extension can be filed utilizing the USCIS premium processing service for an additional filing fee of $1225, which will result in an adjudication in 10 to 15 days. It is advisable to seek the counsel of a qualified immigration attorney to discuss personal timing matters and next steps.

[itsmeusa]

If you have already entered on your 6th year of H-1B, then your H-1B can not be extended for 1 year. Reason being H-1B can be extended for 1 year, if at the time of H-1B extension, your PERM should have been pending for 1 year or more.