I am on H1B visa. My PERM application was filed on Feb 2013 and currently pending approval. 6 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 H1B 3 years extension based on approved I-140 from my home country without staying 1 year?
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.
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.