H1B Extension Based on Approved I-140 - After Max Out Date


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Hi All,

My current I-94 is valid till 16th September 2018(Max Out date including recapture days). My PERM  is in Process(Applied after start of my 6th year)


Question 1 )  If both my PERM and I-140 gets approved before 16th September  2018 and i apply for H1B Extension based on my approved 1-140. Can

i stay in US beyond 16th September  2018, while the H1B Extension decision is still in progress?


Question 2) If my PERM gets approved, but my I-140  does not get approved before 16th September 2018. I leave the US.

When my I-140 gets approved at a later date while i am outside of US. Can i re-enter US by applying H1B based on the I-140 approval and

is it cap-exempted? 




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