PERM Labour denied - Second H1 expiring in Aug, 2013.

[threddy]

Hi,

My employer filed PERM Labour in May 2012 and got audit and recently received denial notice in PERM filing. Lawyers informed that they will file appeal to reconsider this decision.

Here is the thing: My H1 expiring on Aug 20, 2013, but my 6 years in US stay will complete 25th Dec,2013.

So my question is :

1. Can my employer apply for H1 extension(1 year) in the mean time while Labour appeal in process ?

2. If I got deniel again on my Labour. Should I leave the country before my H1 expiry date (20th Aug, 2013) ? or I can apply for H1 extension, as my 6 years will be completing on Dec 25,2013.

Appreciated your valuable comments.

Thanks.