H1-B extension based on PERM certified status


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Currently I am on H1-B visa and my visa is getting max out on Feb 2016.

My employer started my green card processing on December 2014 by applying PERM application (One year before the visa max out).

I got my PERM application certified on August 2015.

For some reason, my employer does not want to apply my I-140 in premium. Instead they filed my H1-B (I-129 application)extension based PERM application for seeking one year extension.


Since my PERM is already certified, is it legal to file for 1 year H1-B extension based on my PERM status? And, I am still waiting for my H1-B extension to processed, Can i stay in USA with this H1-B extension receipt number after my visa expired? 


Also, my employer filed my I-140 application as well in regular mode on Nov 2015.

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