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Perm Filing in 6th Year of H1B Visa Expiry

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  • Perm Filing in 6th Year of H1B Visa Expiry


    My H1B visa has already expired on 31st January 2020. Currently I am working in USA waiting for my h1b extension result which was filed in December 2019 and if approved should be granted till August 30, 2020 (calculating my max out days)

    My employer will be filing my PERM on March 30th,2020.

    My questions is:

    1)I am thiking of leaving USA by June 30th 2020, so that I can come back to USA sometime towards the year end of 2020 subject to I-140 approval

    For ex: lets assume my perm gets approved by August 30th, 2020 and my I40 gets approved by September end, 2020. Then can I fly back in to USA October, 2020 after filing my H1B extension as I had not consumed all of my H1B visa and had left USA , 2 months before my H1B Visa expiry?

    If yes, then for what duration will my I40 be approved?

    2) Also what happens if my Perm gets approved by June 30th, 2020. Do I still need to leave USA or can I just file I 140 in premium assuming it would be approved by August 31st, 2020.

    Please advise/recommend what should be my steps in next few months. Thanks again for your time.