H1B 6 Years Exhausting in May 2020

[vs231]

My H1B with recapture is exhausting in May 2020 and my PERM application is still in process.

PERM won't get approved before MAY 2020 also I will not be able to travel back to India because of COVID situation.
My question is Will I be able to get a Non Cap H1-B extension after PERM and I140 is approved even if I am not in US by that time or I have to go through new H1B CAP process.

 

Thanks

[savemeplz]

"My question is Will I be able to get a Non Cap H1-B extension after PERM and I140 is approved even if I am not in US by that time or I have to go through new H1B CAP process."You have to go through the H1b lottery process again...while you were actively working on h1b and if your PERM is due for more than 365+ days you are eligible for h1 extension for more than 6+ years

[vs231]

Just to make sure i got your answer right I have to go through lottery once i leave usa exhausting all of my H1B even if I140 is approved while in India

[JoeF]

39 minutes ago, vs231 said:

Just to make sure i got your answer right I have to go through lottery once i leave usa exhausting all of my H1B even if I140 is approved while in India

No. You can get H1 extensions if your I-140 is approved. It doesn't matter if you have used the 6 years already.

[vs231]

Sorry but i am confused now. Meplz said i have to go through lottery. So even if i consume all of my h1b time with any recapture time and go back to india. Then my perm and i140 is approved i will get non cap extension on h1b. So why do people ask to keep at least 15 days on your current h1b. 

[gopalakrishnach]

If your I140 approved you can get extensions anytime of the year. No need of lottery even if you used 6 years..

[User099]

On 5/6/2020 at 9:59 AM, vs231 said:

My question is Will I be able to get a Non Cap H1-B extension after PERM and I140 is approved even if I am not in US by that time or I have to go through new H1B CAP process.

You can use your I140 to file for an H1 and don't need to go thought the lottery again. If due to some reason you don't get I140 and you used your 6 years then you will need to stay out for 1 year and then go thought the lottery to get a new H1.

[User099]

On 5/7/2020 at 11:45 AM, vs231 said:

Sorry but i am confused now. Meplz said i have to go through lottery. So even if i consume all of my h1b time with any recapture time and go back to india. Then my perm and i140 is approved i will get non cap extension on h1b. So why do people ask to keep at least 15 days on your current h1b. 

Its not needed in to keep any period on the old H1. Its better to leave before your H1 expires and don't wait till the last min and run into overstaying issues.