7th Year H1B Extension while PERM is pending

[noorshaikh]

Currently my PERM(09/19/2013) is going through Audit and the H1B visa is getting maxout in the near future (5/30/2014). I recapture some days to pull the H1B Max out date to 9/21/2014. In this case can I able to opt for 7th year visa extension.

 

My organization lawyer indicated that it is not possible to get 7th year visa extension in case PREM is pending and I have to spend out side of USA till I-140 is approved.

 

Need second opinion , if i can use AC21 -106(a). 

 

Appreciate your suggestions and response.