H1B Extension After 6th Year

[ssr1985]

Please help with the below scenario.

 

L1 Start Date: 20-Jan-2008

H1 Exp Date: 19-Mar-2014 (6th Year)

H4 COS Applied Date: 30-May-2012 (123 days till 01-Oct-2012)

H4 Period: 11-Jul-2012 to 30-Sep-2012 (82 Days)

India Travel: 11-Oct-2013

H1 Visa Stamping in India: Somewhere between 11th to 31st Oct, 2013 (less than 5 months to H1 expire)

PERM Application Date: 27-Apr-2013 (Still in process)

 

I'm asking below questions incase if we don't receive PERM and 140 approval before end of Sept-13.

 

1. Employer want to apply extension in Sept-13 as you can see it's less than 6 months to H1 expire, sometimes visa in India may not be issued if petition expires with in 6 months. Am i right?

2. Can Employer apply 1 year extension in Sep-13 based on pending PERM application (incase PERM went to audit) as it's applied in 5th year of H1 after considering recaptured H4 stay?

3. If not, Can we recapture H4 period before she leaves to India through extension?

4. If Yes, would they consider H4 period from COS applied date or start date in H4 I797? (123 Vs 82 days)