Is PERM valid if I am on out of the US without H1B status

[sapa99]

Hi all,

Is my perm valid if I am out the US without H1 B status?

Here is my situation:

-I got 9th H1B extension which is valid till Apr 2010
after that I am not eligible to get extensions
-My present company started filing PERM in Dec 2009 (there are no chances of getting PERM I 140 approvals before Apr 2010)
-My company planning to send me out of the US (probably India) to work from there in Apr 2010 because of my H1B expiration.

My question to the seniors and attorneys:

If my PERM get approved after 6 or 8 months I am eligible for H1B extension?
Or do I need to wait 1 year to get the new H1B for 3+3 years?

I will really appreciate your thoughts and suggestions

[milda]

Answer to SAPA

I am not senior member. But until you are getting proper direction, why you want to take a risk? Still around 6000 visas available for 2010. So, if you kind of person, who has very good US person, will definitely get the visa. And in oct-2010 you can come back again with new H1b. And then you can start all your things again, without any time constraints as you will be on totally new h1b.

As I told, I am not expert, but as per my knowledge, I am sharing some thoughts with you.