EB2 Audit, H1B expires on 5th Jan08

[sny001]

My employer applied PERM in Mid November in EB2 (2+ years exp plus Master degree). I had Master degree(engineering) from India. Today, I got a note saying there was audit. The reason is - Why the job requires masters+ 2 years exp. I will be sending a justification note tomorrow.

I am worried now as my H1b expires(6 years) on 5th, Jan 2009. What are the options I have now. WIll I be out of status if PERM gets rejected? Can I ask my employer to file EB3 and EB2 parallally?. Any suggestion on this is highly appreciated.

Thanks

[beginners]

do you have updates?