Hi ,
Below is my case-My H1-b started on Nov 2004. Joined a new company A in Aug 2007 and my first PERM was applied by company A in Apr 2008. This perm went into Audit and was eventually denied in July 2010 .They then applied for an appeal.Meanwhile my company had applied for 7 th year H1 extension based on my pendind PERM and i got an 1 yr extension till Oct 2011.I was laid-off from company A in Dec 2010 and joined another Company B who based on my pending perm got H1-b visa till Mar-2012 including recapture of days outside USA.Now my company B has applied for my new PERM in Jan 2012. Since I do not expect my perm and I-140 to be approved by Mar 2012,If i leave the country and if my I-140 gets approved can I apply for an 3 yr H1 extension and re-enter?Will I be subject to the 365 rule?