PERM and I140 Delayed - Clarifications

[sachin628]

Hi,

For whatever reasons my perm filing was delayed. PERM will be filed by end of this month.My max-out date is in the middle of December 2016.

So obviously,I will have to leave US in December and I will be in India when PERM and I140 is approved. I have questions as follows:

1. Will my I-140 filing after PERM is approved be affected in any way because of the fact that I will not be in US?Someone told me that if I am outside US,the type of I-140 filing will be different.I am not expert.So please help me get clarity on it.

2. Assuming everything goes fine and my I140 is also approved,in that case,can I get 3 year extension on my existing H1 (which would have maxed out ) or will I have to file fresh H1-B application.I f I have to file fresh H1B would that fall under cap exempt category?

Would really appreciate clarity to these questions.

[sachin628]

Can someone please clarify above.. Would really appreciate your inputs.