H1B Max out; GC not filed yet

[Kevin Patel]

Hi ,

My H1B is maxing out in June 2018. Currently, my employer hasn't filed GC for me and is in the process of filing GC. My employer informs me that the PERM Labor would be filed with DOL in March 2018 once the Advertising and Recruitment period is completed. 

Assuming that my PERM Labor is filed in March 2018, it would give me only around 4 months time before my H1B max out.

Could you please help me to get answers to the below questions I have:

1. If my I-140 doesn't get approved before my H1B visa max-out, then I would have to travel out of US. Do I have to stay out of US for 1 full year or can my employer get extension on H1B visa if my I-140 gets approved in 2018 (lets say Sept or Oct 2018) and I can travel back to US based on the approved H1B?

2. If I stay out of US for 1 full year after my H1B max out, then do I have to go through the H1B lottery process to get H1B? 

3. Can I stay out of US while my Labor is being processed with DOL or do I need to be in US ?

Thank you in advance for your answers !

 

[pontevecchio]

1. PERM pending 365 days or I-140 pending 365 days give you a one year H1 extension beyond the initial 6. Approved I-140 gives you 3 year extensions of H1 beyond the initial 6.

2. Irrelevant unless PERM is denied. In that case you will need to wait for an year BEFORE applying for the H1 through an employer.

3. You do not necessarily have to be around.