Why is it better to leave the country with some days left in the six-year max of H1-B visa?

[debbie4 0]

My H1-B is cap-exempt, and the employer is nonprofit, and will always be cap-exempt.

I have a PERM pending (filed in the sixth year), and trying to decide when to leave the country. My attorney recommended leaving on the last day, but many websites are suggesting it's safer to leave with a few days left in the six years. Why is this the case? Especially since there's a 10 day grace period on the I-94 anyway, in case travel plans fall through, etc.

I read that it is better to leave remainder time of H1B 6 year max in order to obtain beyond the 6th year extensions with the Certified PERM/I-140 Approval. But, why is this the case? Doesn't it require a new H1-B petition to enter the country after the visa period expires? And once the PERM is approved, I will have to apply for a new H1-B anyway?

[JoeF 7]

Listen to your lawyer.

Leaving a few days early is not needed. That's just a rumor spread by clueless people on forums and through some websites.