H1B 7th year extension, PERM pending with different employer

[H1B 2013]

Hello,
This may already be answered but I tried searching and didn't find answer to this specific question.

Can senior members of this forum please advise?

My H1B 6 years complete on 31st August 2016. I am currently working for an MNC but they do not process GC. I got a future employment offer from a smaller consultancy (35 employees) and they filed my PERM on 27th Aug 2015 (just days before 5th year completion). I have never worked for that employer before, but I have good faith that I will join them in future.

My PERM is still pending without an audit. I am hoping to get decision in next month or so. Can someone help with couple of questions?

1. If my PERM and I140 for smaller consultancy are approved before Aug 2016, can my current employer, or a new third employer, file a 3 year extension based on that I140?

2. If I do get three year extension for my current employer or new third employer, and if the consultancy revokes my I140, will that automatically revoke the extended H1B? I realize that I need to start GC process from scratch, but I can't afford to have the extended H1B revoked.

3. If my PERM gets an audit, it will be pending for more than 365 days as of my 6th year completion. Can my current employer, or a new third employer, file 1 year extension based on this pending PERM? If yes, does it have to wait until 31st Aug 2016? Or can it be filed as soon as I receive the audit, say in March 2016?

Thanks in anticipation.

[shervin143]

1. If my PERM and I140 for smaller consultancy are approved before Aug 2016, can my current employer, or a new third employer, file a 3 year extension based on that I140?
>>> Yes.

2. If I do get three year extension for my current employer or new third employer, and if the consultancy revokes my I140, will that automatically revoke the extended H1B? I realize that I need to start GC process from scratch, but I can't afford to have the extended H1B revoked.
>>> Nope. Approved H1B will be valid. But further extension won't be possible without a valid I-140.

3. If my PERM gets an audit, it will be pending for more than 365 days as of my 6th year completion. Can my current employer, or a new third employer, file 1 year extension based on this pending PERM?
>>> Nope. However, you can join the employer who filed your PERM and ask them to transfer with your H1B with a 1 year extension based on the pending PERM.

If yes, does it have to wait until 31st Aug 2016? Or can it be filed as soon as I receive the audit, say in March 2016?
>>> You can file earlier.

[H1B 2013]

1. If my PERM and I140 for smaller consultancy are approved before Aug 2016, can my current employer, or a new third employer, file a 3 year extension based on that I140?
>>> Yes.

2. If I do get three year extension for my current employer or new third employer, and if the consultancy revokes my I140, will that automatically revoke the extended H1B? I realize that I need to start GC process from scratch, but I can't afford to have the extended H1B revoked.
>>> Nope. Approved H1B will be valid. But further extension won't be possible without a valid I-140.

3. If my PERM gets an audit, it will be pending for more than 365 days as of my 6th year completion. Can my current employer, or a new third employer, file 1 year extension based on this pending PERM?
>>> Nope. However, you can join the employer who filed your PERM and ask them to transfer with your H1B with a 1 year extension based on the pending PERM.

If yes, does it have to wait until 31st Aug 2016? Or can it be filed as soon as I receive the audit, say in March 2016?
>>> You can file earlier.

Thank you.

I have a question on the third item. Following is the text from a USCIS memo about who can file H1B petition based on AC21 - pending labor. The below exemption is for extension beyond 6 years.

(6) Petitioners seeking exemption. The H-1B petitioner need not be the employer
that filed the application for labor certification or immigrant visa petition that is used to
qualify for this exemption. Separate requests for lengthy adjudication delay exemptions
under paragraph (h)(13)(iii)(D) of this section may be based on separate, eligible labor
certification applications or immigrant visa petitions on behalf of the same alien.

Based on this I thought any employer can file one year extension based on pending PERM as long as it was filed 365 days before the 6th year completion date.

Thanks again.

[shervin143]

But what document will you have to prove that your PERM was approved. Will your employer give you any document for the PERM. You get an approval notice for I-140 which you can use to claim that an immigrant petition has been filed.

Thank you.

I have a question on the third item. Following is the text from a USCIS memo about who can file H1B petition based on AC21 - pending labor. The below exemption is for extension beyond 6 years.

(6) Petitioners seeking exemption. The H-1B petitioner need not be the employer
that filed the application for labor certification or immigrant visa petition that is used to
qualify for this exemption. Separate requests for lengthy adjudication delay exemptions
under paragraph (h)(13)(iii)(D) of this section may be based on separate, eligible labor
certification applications or immigrant visa petitions on behalf of the same alien.

Based on this I thought any employer can file one year extension based on pending PERM as long as it was filed 365 days before the 6th year completion date.

Thanks again.