H1B Out Of Cap RFE from USCIS

[hyperspace1]

Hi ,

I've situation that I'd already maxed out my H1B on 2013-Jan. However, my employer filed PERM in 2010 which was in Audit, BALCA for almost 4 years and using the PERM pending status, I was able to extend my H1 petition till 2014. In 2013, another GC was filed and previous GC was final decided as rejected by BALCA. Again, 2013 PERM was no decision and hence based on PERM pending status my H1 was extended, which now has expiry Jan-27-2017. 

I'd to leave US to India early this year (Jan-2016) and received PERM approval last month. My employer has filed I-140 in premium and I'm waiting for response in 1-2 weeks. 

My questions are (currently i'm out of US now close to 1 year) : 
1) since i've already maxed out and always been using PERM pending so far for H1X, whether i'm eligible for out of cap H1 once i receive I-140 approval? 

2) Since I've I-797a with expiry Jan-27-2017, should i need to file the H1X before Jan-27-2017 to be eligible for out of cap? 

3) If i'm filing H1X in Feb-2017, whether I won't be eligible for out of cap h1? 

Looking forward for yours or anyone who has some insight into this kind of situations. 

Thanks!