H1B 7th Year Extension after max out

[Charanteja]

Hi, Need suggestions regarding 7th year H1B extension.

My H1B max out date is 31st March (No possibility of recoup). My GC process was started last year and PERM was filed in November 2018. Currently it's in filing state and hoping to approve sometime by this month end. Wanted to check what options I have to extend my H1B after 6th year.

1. Should I leave US right now by keeping some days (1/2/3 weeks?) in current H1B. Once PERM and I-140 is approved, is it possible to apply for H1B extension (by applying I-140 and H1B extension in Premium) with approved I-140 from India and travel back to US after extension approval and stamping? 

2. Should I utilize all days in my current H1B (probably leave US last week of March). Once PERM and I-140 is approved, is it possible to apply for H1B extension or it has to be new out of cap H1B?  I know extension can be filed in premium but can we apply new H1B as well in premium?

I have option to work from offshore (as offshore resource) for sometime till the dust is clear. 

Really appreciate any inputs/suggestions here 🙂

[Shan1]

1. Yes you can apply from India and travel back to US after approval and stamping

2. I'd suggest keep some days(1/2/3 weeks) in current visa to apply for extension from India

 

[rara5]

Probably too late now, but you don't need to keep any days in the current H1B to extend it beyond 6 years as non-cap. You can extend it based on the approved I-140 even if you left the country on the last day of your current H1b expiry.