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I need your advice on my H1B situation. My H1-B 6th year (including the time spent outside of US) is ending on 10th May 2019 and my PERM application will be filed soon. My employer is ready to file I140 and H1b extension in premium. But based on the current situation, I don't think my I-140 and H1b extension will be done prior to 10th May 2019.
In case, what are my best available options: 

If I go back to India after completing 6 years (after 10th May 2019), what options I am having to come back to the USA?
Please note that my employer will continue to file PERM, I140 even if I am not in the USA.

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  • 1 month later...

After the I-40 is approved, the employer files for a 3-year extension (hopefully in premium as well) based on the I-140. Once the extension is approved and you get the stamping done can come back into the country.

Alternatively if the PERM gets stuck in an audit and takes more than 365 days to clear, then instead of waiting longer for it to clear, the employer can file for a 1-year H1B extension (based on a pending PERM) at the 366th day.  Once that is approved, you stamp and come back and can start working. And when the PERM does clear, and then I-40, apply for the 3-year extension.

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