6th year on L1/H1

[phxguy]

I have been in and out of US in the last 8-9 years. I still haven't completed the 6 year max stay. I never stayed outside US for more than a year to reset the clock. I stayed on L1 for close to 5 years and then switched to H1. When I applied for H1 last year, I got I-94 valid for 3 years. My employer has started my GC but PERM in stuck in audit and might take 4-5 months more to get a decision. I will be completing 6 years in August (after recapturing the time spent outside US). Since my I-94 is valid till 2015, can I continue to stay or should I leave the country or switch to H4 (wife on H1) in August till I get the PERM approval or reach 1 year since PERM starting date? Appreciate your response to this.

[sk.january]

Hope your PERM gets approved.

You don't have to leave the country, you can switch to H4 and once your PERM is pending for 365 days or approved, you can file for H1.

You I-94 validity till 2015 may have been in error

[phxguy]

Thanks for the response.

My employer wants me to continue on H1, as my I-94 is valid. As per my employer's attorney and other attorneys that they had contacted, are of the opinion that it is fine as I have a valid I-94. There were few more similar cases with my employer who even went on to get GC later without issues. Want to understand, if its OK to stay. What are the implications of staying beyond 6 years without PERM approval on further H1B extension (with approved PERM by then) and in the GC process.

Does anyone know of any cases where there were issues because of this.