H1B - extension beyong 7th Year - Typical case

[priygc2013]

Hi,

I have a very typical situation and need guidance from experts on my options.

I used to work for company A and had I140 approved (now revoked). Based on the same, I joined company B and my H1B got extended for 3 years which included 7th year as well. Now my new company filed my PERM which went to audit and denied. Appeal has been filed and probably the case will be taken to BALCA as well which may take years to resolve.

Some dates to consider further details:

Max Out Date: 1-Jun-2013

H1B valid till: 15-May-2014

PERM filed: 16-Jun-2012

Now as we see, my perm was filed less than 365 days before my max out date and my company says that to get further extensions, the PERM should be pending for more than 365 days from max out date.

My question is that does max out date matter? My H1B is valid till May-2014 so if I file an extension in Jan-2014, will that be allowed given that the PERM would be pending for more than 365 days based on Jan-2014 date and not max out date?

Please advise.