Need help to know If and when I am eligible to file 7th year of my H1B extension.

[eternal_optimist]

Here is my case-

 

6th year H1B maxout date - April 28th, 2013

PERM filing date - December 11th, 2012

Audit received - April 11th, 2013

Audit response - May 5th, 2013

PERM status - PENDING

 

I had no option other than to leave US and return to India. Fortunately, my company allowed me to work from India for next few months until the PERM was approved. 

 

My question is - am I eligible for one year extension under 'PERM pending for 365 days rule' even though there was an audit? Will I be able to file for an extension after December 12th, 2013?

 

Thank you in advance.

[mous]

Yes, you can apply for extension when PERM is pending for 365 days