PERM application pending, H1B expiring

[Nsda]

Hi Everyone,

I am in my 6th year of H1b and expires in 06/30/2013( I can use a recapture time of 45 days). My employer is in the advertising phase for job, and will file PERM in mid april. After my H1b expiry, if I return to my country, can I enter US for job again once the PERM approved and I140 approved. Or do I have to wait for 1 yr after the finish of my present H1B status.

Thanks in advance for your replies

[ajaykumarp]

I am in the same boat. You should be able to come back to US on a H1b extension once you have an approved i140. In case you PERM gets audited or is in pending status, you will have to wait 1 year from the date of PERM application, and then you can come back using the AC21 rule.