URGENT: I-140 delayed under 6th year H1-do I need to leave country?

[neoerasmus123]

Hi friends,

My PERM (EB2) was applied on 10th May 2011 and got approved on 23rd Jan 2012 (after audit). My I-140 was applied under PP on 15th Feb 2012. No response on I-140 yet although it has been way past 15 days.

My H1 is maxing out on 30th Apr 2012 (after recapture of vacation days). My questions are:

a. Do I have to leave country on 30th Apr 2012 or can the H1 be extended based on the approved PERM?

b. What to do about the delayed I-140 (under PP) - what are my options?

I have a family with small kid - any help/suggestion will be greatly appreciated.

[kalyan_ac]

You can file for the extension of H1b if the PERM was filed 365 days prior the expiry of the current H1, which doesnt look like from the dates you mentioned.

Your only hope is that the I140 gets approved soon.