I-140 approval after 6 years of stay on H1B in US

[pradu]

I am on H1B visa. My PERM application was filed on Feb 2013 and currently pending approval. Six years of stay in USA including recapture days will complete on 09/06/2013. If I did not get the PERM and I-140 approved by 09/06/2013 I will be leaving US on my 6 years completion date 09/06/2013. Then if I-140 is approved when I am in my home country, is it possible to apply for a new H1B visa for 3 years based on approved I-140 from my home country without staying 1 year outside US?

 

OR once H1B 6 years completes do I need to leave US for 365 days and then apply fresh H1B only after 365 days completion based on cap and then re-enter upon approval?

 

OR Do I need to leave US 1 week prior to 6 years completion and then based on I-140 approval, go for US consular process to get the H1 visa and come back to US?

Please advise.

[omshiv]

When you are Out of Country and your I-140 gets approved..your employer can extend your H1b immediately. You need not wait outside the US for 1 full year. Good luck.