H1B Close to 7th year and PERM is in process

[mlbthegreat]

my PERM PD is 2/1/13 and is currently in process and waiting for approval, my I94 expires 8/17 (6years with recapture time). Planning for travel.

 

Would it be a good idea not to use all days left and complete the full 6 years instead leave the country a week before so that the 6 years is not fully completed?

 

if Labor is audited, can my company extend H1B for a year after 2/1/14 because it will be over a year since PERM is in the process and I have not completed full 6 years?

 

[designflaw]

In June 2013, they were processing cases from Jan 2013 (http***********************) so I would say your case is either getting close to evaluated or evaluated right about now. If all is well, your approval should come before your 6 years are over (8/17/2013). If not, then yes, you will have to leave US. If your PERM does not get approved, I think spending a couple bucks on getting legal advice would be helpful.

[Jyothis]

If your pd is under 365 days, you need 140 approved to get your h1 extended.