H1B consular processing based on I-140 approval

[browny]

When I was in the  6th year of my H1B, started the PERM process which got certified prior to 2 days of my H1B expiry date.  As my employer did not receive the perm original hard copy and I-140 could not be applied in order to file the 7th year extension so i left the country.   My question is:

1) can the I-140 be applied now based on certified PERM under premium processing? will this be an adjustment of status within US or consular processing as i am not available in US?

2) Once the I-140 is approved, can my employer apply for H1B consular processing?  Please advise

 

[JoeF]

An I-140 is the same regardless if you are in the US or abroad.

You can get H1 extensions if an I-140 is approved.

[Ken7]

Yes, apply for I-140 under premium. I-140 doesn't entail status adjustment/consular processing. Once approved, you can apply for 3-year H1-B extension under premium as well and will be consular processed since you are out of the country.