Stay after 6 years of H1B

[VTT]

Here is my overall US stay and as per my calculation my 6 Years going to over in 07/19/2017.My employer is in process to file PERM but earliest on Mar/April. What is the safest option to get extension if my I140 doesn’t approve by 07/19/2017.To avoid any risk is it fine if I leave USA 3 months before and join offshore and once I-140 gets approve then can I file H1B extension? 

Please suggest some of options.
  
 

Visa Type	Exact US Entry Date	Exact US Exit Dates
	MM/DD/YYYY	MM/DD/YYYY
H1B	12/28/2015	Still in USA.Petition approved till 07/19/2017
H1B	4/14/2013	11/21/2015
L1B	2/7/2011	4/30/2012
L1B	3/20/2010	5/22/2010
L1B	12/7/2008	5/16/2009

 

[K2M]

ask your employer to file perm at the earliest. The perm filling data ( i.e priority date  ) should be 365 days before your h1-b expiry date.  If you travel out side of country then you can recover\recapture the days and use it to extend your h1b so the priority date falls 365 days before the new h1-b expiry date. Then you will be safe. In this case, your company can extend your h1-b  after 6 year limit,  even if your perm \ I-140 approavl  goes in to audit. 

 

[VTT]

Thanks for your reply.If you have a look on my partial USA stay by 07/19/2017 it will be 6 years in total.So am i still eligible to file extension against recapture?