Expired H1B Extension

[vaibhav09]

Hi -

My current H1 is getting expired in April 2018. My Employer filed Perm in November 2017 (under 365 days) and yet to get certified. I am hoping I will get certified sometime in April 2018. They are ready to process next steps in premium but both I140 approval and H1B extension filed surely will not happen before my end date. I already got my Canada work permit though employer. 

Employer confirmed me that they still continue with I140 filing. After I140 approval, can they use my expired H1b and apply for 3 years extension or as it is expired do I have to stay out of country atleast for an year?

Responses are highly appreciated. 

Thanks

[NotAnAttorney]

They can file for extension once i-140 is approved. Need not wait for an year. But better exit the country before April 1st, just in case if you had issues with PERM or I140 approvals, there will be an option for an employer to file for your H1B in April 2019 for FY 2020.