H1b extension, 140 pending

[gcapp]

I got a question

my PERM was file in 17 Apr 2013 and my 6 year h1b expires 30 dec 2013 including recapture time. Since my PERM is not filed 365 days before H1B expiry I am not elible for 1 year extension. I will do premium 140 and h1b extension. my question is

 

1. If my PERM gets approved and I file 140, can I apply for H1B extension before 140 is approved or should I wait for 140 to be approved

2. if my PERM gets approved and 140 is pending, I couldnt apply for H1B extension since 140 is pending and H1B expires in Dec should I leave the country immediately or is there a grace period like 10 days or something to pack my bags

3. if my PERM gets approved, 140 gets approved and I file my H1B extension before my 6th year H1B expires ie before 30 Dec 2013. My H1B extension decision is pending. Can I stay for 240 day grace period per USCIS

 

I would appreciate any info. Thanks much!

[pontevecchio]

1. I-140 needs to be approved in this case.

2. A few days will not matter.

3. Yes.

[Attorney_11]

There is no grace period under the current law. The I-140 must be approved to request extension in three year increments due to per country limitations. If the H1B extension is filed, the same 240 days period of employment authorization and/or permanent H1B portability provisions are applicable as with other H1B extension or change of employer petitions.