My 6 years H1B about to complete,PERM not certified?

[Habibul Rahman]

I am in H1B working in USA and my 6 years (with consolidated leaves) is about to complete on Aug 4th 2016. My employer filled my Labor on Feb 2nd 2016, and my PERM is still pending. My question is 

1) If my PERM not get approved, I have to leave to India.

2) While I'm in India, If my PERM get certified, can my Attorney file my i140 without my presence in USA?

3) If my 2nd answer is Yes, if i140 gets approved, can I reenter USA ?

4) If my 3rd answer is Yes, in which status(H1B / which status) I will be  while I'm entering USA?

[ivrs11]

1) you can apply for H1B extn beyong 6 yrs if your PERM is approved/pending for approval more than 365 days.

 

2) Yes

 

3) No. You should apply for h1 extension based on your I-140

 

4) I-140 is not status. Its an immigrant petition. You will be on H1 status until you get GC subject to you apply for H1 extn.