PERM was denied but is pending appeal before BALCA, can I extend H-1B beyond 6 years?

[ivanivan]

Labor certification was denied because of lost letter from DoL. According to multiple decisions by BALCA, DoL has to proceed with review of the PERM in this case, but they won't do it until BALCA says so for my case. I requested appeal and it's pending.

In the meantime, my 6th year was ending about 390 days after the PERM filing date so I waited until 365 days passed and filed for extension for another year. What are the chances USCIS will grant the extension? Technically, PERM was denied but it's also still pending.

[ivanivan]

Just a few additions, perhaps I wasn't clear...

According to multiple decisions by BALCA

- they have reviewed many similar cases and always decide in favor of the applicant

I requested appeal and it's pending.

- does anyone know how long it takes before BALCA reviews a case?