In India, is eligible for 7th year extension while PERM is being audited

[braj_rath]

Hi There,

I have stayed in US for 5 year 11 months and 25 days. 5 days was left out of my 6 year.
I came to India and my company filed my PERM after 6th year was completed.

PERM filed in Sept 30, 2014 and picked up for random audit.

I am in India and completed 365 days of PERM filing.

Q: Can I apply for a H1 extension under cap exempt for 7th year since my PERM is still not approved?

Please help me.

[kabkaba]

Yes, your company can file the petition based on PERM pending for more than 1 year.