PERM filed in 6th year and in audit - Options to get back to US

[kittuvish]

Hello

My PERM was filed in Dec 2012 and my H1-B 6 year cap expired in March 2013. I am currently in India and got an audit notification on my PERM application to which a response has been submitted.

I was looking thru Murthy.com and found this article - http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/ . I was checking the available options of getting back to US since I got an audit that probably wont clear before the end of the year if not later than that.

In looking thru the article mentioned above, I wanted to confirm if the Option # 3 is still a valid option and a workable option to get back once my PERM has been pending for 365 days even though it was filed during the 6th year of H1-B. This would mean that if my PERM is still pending until Dec 2013, would I be eligible to file for a 1 year extension as described in a similar situation in Option # 3 in the above article. My employer's attorney said it was not possible and so am not sure who is correct. Any help in this regard would be greatly appreciated.

Thanks!

[kittuvish]

Hello, Any information to the above query would be highly appreciated. Thanks!